The process and choices when it comes to making a will can feel overwhelming, but they can also feel like a lot of work and expense, especially if you have a smaller estate. In fact, according to a new Scotiabank survey, among Canadians who do not have a will, 1 in 3 stated that they simply haven’t gotten around to creating one (33%). Other top reasons for not having a will include believing they don’t have enough assets (27%) and that wills are too expensive (20%).
In comes will kits. They're a dime a dozen, but are they the right fit for your estate planning needs?
In this article, we discuss everything you need to know about will kits in Canada, so you can make the best choice for your own unique life situation.
First things first...
What Is A Will Kit?
A legal will kit is a fill-in-the-blank document that you can use to create your last will and testament. It typically allows you to fill in key information about your estate including who you are, who your executor would be, who would be guardians for your dependents, and any beneficiaries. The best comparison for a will kit is that it’s like Mad Libs, but for estate planning!
What is Included With a Will Kit?
Inside a will kit, you'll typically find the following things:
- A fill-in-the-blank template for creating a basic will
- Instructions on how to properly complete the will document
- Guidelines for selecting an executor and beneficiaries
- Space to list assets and specific bequests
- Sections for naming guardians for minor children
- Forms for expressing funeral and burial wishes
- Information on witnessing requirements
- Storage recommendations for the completed will
- Glossary of common legal terms related to wills
- Checklists to ensure all important elements are included
Are Home Will Kits Legal In Canada?
Yes - will kits are legal in Canada! However, it’s not the kit itself or how the will was made that makes it legal, but the signing and witnessing requirements. Once you’ve filled in the blanks with your information, you will need to sign and witness the will for it to be considered legally-binding.
While there are some variations in language and rule in each province, the general criteria for a legal will in Canada are:
- You must be of sound mind and over the age of majority in your province - There are special circumstances in some provinces that allow you to make a will if you have not reached the age of majority (ie. marriage, have children, member of the armed forces)
- The will must be signed in wet ink, in the presence of two valid witnesses who must also sign to confirm - Any will that is typed (not holographic), must follow this requirement. Even if you have filled in the blanks in your will kit by hand, the typed/printed form falls under this category.
- Signed at the very end of the will - While not required, it is also good practice to initial each page.
- Stored as a physical copy - Only the original and physical copy of your will is valid. You cannot store your will online unless you live in BC.
📫 Making your will doesn’t have to be complicated. Get straightforward estate planning tips sent straight to your inbox. Sign up for our newsletter →
What Are The Pros Of A Will Kit?
The best type of will is the one that works for your life situation. Depending on the complexity of your estate, a simple will kit may be a reasonable option for you. Legal will kits are a good choice for those who do not require or want to include any custom or specific requests in your will.
Some of the benefits of will kits are:
- Low cost - Will kits are typically low cost and under $50, depending on where you’ve purchased your kit. They are a good option if you are looking for a cost-saving option for making your will.
- No online tools required - You can often find a will kit at your local office supply store. This means you can finish your will without having to use any additional technology.
- No lawyer needed - If you have a simple estate, you may not need legal advice. In this situation, as long as you’ve signed and witnessed your will kit correctly, you have a valid will.
What Are The Cons Of A Will Kit?
One of the biggest downsides of DIY will kits is that they are very simple and one-size-fits-all. The downside of this is that everyone is different and has a unique life situation. While will kits may be suitable for those with very simple wishes, they generally do not take into consideration any complexities, extra needs, or even funeral wishes.
Some other concerns around will kits include:
- No easy updates - You’ll likely want to make changes to your will as your life evolves and your estate (and wishes) change. However, with DIY will kits, you’ll need to purchase a new template every time your life situation changes. Depending on how many changes you make, the costs can add up over time.
- Incorrect witnessing - Having the right witnesses and following the correct signing procedures is what makes your will legally-binding. It’s important to make sure you’ve followed your legal provincial requirements on who can witness your will. Incorrect witnessing can result in your will being declared invalid and issues appearing with your estate in the future.
- Contradictions - The lack of flexibility in a will kit leads many people to add additional comments onto their will. However, this can lead to contradictions in your will and can do more harm than good
- Lack of customization - As mentioned, will kits are typically fill-in-the-blank and do not allow for any additional customizations. Most individuals have life situations that would benefit from some level of additional personalization.
- Little to no personalized support - Most physical will kits are stand-alone kits without any additional customer support or instruction. This can leave you with no one to turn to if you have any questions along the way.
If you have decided a will kit is the right fit for you, it’s important to make sure that you’ve chosen a reputable kit that is up to date and includes the right information for your specific province!
What Makes Online Wills Better Than A DIY Will Kit?
If you’re looking for an affordable alternative to a DIY will kit, it might be worth considering an online will. An online will platform, like Willful, is basically a will kit but better!
Online wills are essentially the best of both worlds. They combine the convenience of a will kit with some customization and support that you could expect from a trusted estate lawyer. However, they aren’t just simple fill-in-the-blank forms. Online will platforms are designed to walk you through the process from start to finish.
With Willful, we guide you through a series of questions designed to assess your life situation and your end-of-life wishes. After learning about your needs, our platform creates a customized document tailored to you.
Why Willful Is The Best Canadian Will Kit
Willful’s will plans start as low as $99 and include many unique features that you may not find from a will kit or other online will providers. Here are some reasons Willful is a great choice for your will
- Free easy updates, anytime - We know your life changes over time, so Willful allows for easy updates, for free, anytime. So you can save thousands in legal fees and feel confident knowing that you can change your will whenever you need to.
- Legal documents created with estate lawyers - Willful has partnered with top estate lawyers in each province to ensure we’re providing you with documents that are up-to-date and reflect your wishes. Willful is also the first online will platform to be accepted into the Law Society of Ontario’s Access to Innovation project.
- Personal phone, email, and chat support - If you have any questions about the platform or even estate planning in general, Willful’s team of experts are here to support you every step of the way.
- 30 day money back guarantee - We are confident in our documents, but we want you to be too! If you decide Willful doesn’t meet your estate planning needs, we’ll refund you within 30 days. No questions asked!
- Power of attorney documents - In addition to your will, we can also help you create your power of attorney documents to cover you in the event you ever become incapacitated and need someone to make decisions about your property or health on your behalf.
However, if you require specific legal advice or have a very complex estate, you may benefit from speaking to an estate lawyer. If you’re not sure if Willful is right for you, book a free call with our team to find out.
Please note that Willful is not a law firm and cannot provide legal advice.
Why Is It Important To Have A Will?
A will may be one of the most important documents you ever write and there are many reasons to have one.
Here are a few reasons why you should have a will:
- Make the informed decision on who will be in charge of closing your estate (your executor)
- Protect your assets and decide how your house and the money in your bank account (along with any other assets you own) should be distributed according to your wishes following your death (by naming beneficiaries)
- Without a will, the court will decide. In addition to being pricey and long, this court process may also ignore an important relationship in your life (such as a common-law partner)
- Choose guardians you trust to look after your minor children or pets
- Set up trusts to help care for your child or pet
- Outline your end-of-life and funeral wishes so your loved ones know what you want
One of the most important reasons to have a will is because you deserve peace of mind. There’s nothing worse than thinking about the nagging idea “I know there’s something I should do, but I’ll just get to it later.” By making your will, you give yourself and your loved ones that peace of mind, knowing they're protected for the future.
Other Common Questions:
Is There A Standard Government Of Canada Will Kit Or Form?
There is no standard form for a last will and testament in Canada. As long as you’ve met the requirements for a legal will, it will be valid. This means you can make your will by any means, including will kits or online wills.
In some provinces, the government provides downloadable will templates online. If you think a DIY will is suitable for your estate, it’s worth researching your provincial resources first!
Does A Will Kit Need To Be Notarized?
No, a will kit does not need to be notarized in Canada. As long as you’ve met the criteria for signing and witnessing based on your province, you have a legally-binding will.
However, if your estate needs to go through probate when you pass away, you will need an affidavit of execution from a witness. This document does need to be notarized, but it is not required for your will to be legal. It can be completed at a later date or even after you pass away.
When you use Willful, we include specific instructions about making sure your will is legal and how to complete your affidavit of execution with your documents.
Is It Easy To Make Your Own Will?
Over half of Canadians don’t have a last will and testament in place. And we get it, making a will can feel extremely overwhelming.
However when you use an online will platform like Willful, we make it easy to record your wishes at your own comfort level. Willful provides step-by-step instructions so you can create your legal will online for as low as $99 and it only takes 20 minutes, start to finish. Not only do you get a legal document that is personalized to your unique life circumstances, but you can also finish your will from the comfort of your home.
What Are The Steps After You Complete Your Will?
Once your will has been signed, witnessed, and stored in a safe place, there’s one step left. Get it registered so your executor can check you have one if they ever forget where it is.
To help, Willful has partnered with NoticeConnect to offer free registration for all Willful customers.
Read more about will registry →
Does Willful protect my information?
Yes! Willful prioritizes security by embedding protective measures into all operations and conducting regular third-party security audits.
User data is hosted on Heroku, using HTTPS for encrypted transit and AES-256 for encryption at rest. Payment processing is handled by Stripe, a PCI Level 1 Service Provider, ensuring that credit card information never touches Willful's servers.
Additionally, users can delete their accounts and all their data anytime.
For more details, you can read our full privacy policy here.
Choose The Right Will For You
There are pros and cons to every will, including a will kit. While paper will kits are low cost, they don’t fit everyone’s needs and there are other concerns depending on your unique situation.
Willful, on the other hand, makes online will kits that are unique, personalized, and affordable. Plus, you can easily update yours anytime for free!
