According to a recent Scotiabank survey, 2 out of 3 Canadians aged 30-45 don’t have a will, but the good news is that you’ve already taken the first important step towards having a solid will and estate plan in place. Congrats! You’ve decided you need to make a will. Which is awesome—but you’re probably thinking “now what?”
Now you’re tasked with figuring out how to create your last will and testament, and as you’ve likely found through your research, the process and options can be time consuming and overwhelming.
In this article, we break down the basics of how to make a will in Canada, the different types of wills, and which scenarios are ideal for each type.
How To Make A Will
The exact steps you will need to follow may vary depending on how you choose to make your will, as well as the province that you live in. However, these are the basic steps you should expect in the process of making your will.
1. Decide the type of will you’d like to make
Wills are not one size fits all, and neither are the many ways you can make them. The most common ways to make a will in Canada include will kits, handwritten wills, online will platforms, and lawyer-drafted wills.
2. Choose your executor
An executor is a trusted individual that you appoint to manage your estate and execute the wishes outlined in your will. It’s important to designate an executor because if you don’t, the courts will choose someone to act as your estate administrator and they may not be someone you wanted to take on this important responsibility after you’ve passed.
3. Select your beneficiaries and any specific gifts you’d like to leave
Your beneficiaries are any individuals you assign in your will to receive your assets after you pass away. Similar to appointing an executor, choosing your beneficiaries and how you want your assets distributed is important because if you don’t, the law dictates what happens.
4. Designate a guardian for any dependent children and any pets
A guardian is a person who assumes legal, moral and financial responsibility for your children and pets if you and your spouse pass away. Having a clear guardianship plan ensures your wishes for them are carried out and can help avoid unnecessary court involvement or further disruption to your dependents’ lives.
5. List any funeral and burial wishes
You can outline any funeral wishes you have, such as traditional burial or cremation, so your loved ones can have some peace of mind when putting you to rest.
6. Print your will and get it properly signed and witnessed
You must sign your will in wet ink along with two witnesses who must also sign your will. At this time, the only exception to this law is if you live in British Columbia, where you are permitted to sign, witness and store your will online.
7. Store your will in a safe spot
Your will and other important documents related to your estate should be stored in a safe and accessible location where they can be retrieved by a trusted family member or loved one after your passing. By registering your will's location and letting your executor know where it is, you make sure it will be easily found when it needs to be.
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How To Make Your Will Legal In Canada
The rules and language vary from province to province, but here are the basic rules for how to make a legal will in Canada:
- You must be of sound mind and over the age of majority in your province (if you’re under the required age, there are specific circumstances that allow you to make a legal will, like if you’re married, have children or are a member of the armed forces).
- If your will is typed, you must sign your will in wet ink in the presence of two valid witnesses and they must sign to confirm they have witnessed your signature.
- The signatures must be at the very end of the will.
- Outside of British Columbia, you must physically sign, witness, and store your will (you can only do this all digitally in BC).
When Should I Make A Will?
The truth is, all adults should have a will. However, there are some key life situations and events that make it more important to have one. Here are some common examples of when you should make a will:
- You recently got married or remarried, or are contemplating marriage – in many provinces, marriage revokes a will unless it was made in contemplation of marriage
- You are currently in a common-law marriage
- You recently went through a common-law separation or divorce – in many provinces, divorce revokes gifts made to an ex, but in other provinces divorce doesn’t affect the provisions of your will
- You have assets such as a home or multiple properties
- You have a child(ren) and/or other dependants
- You own valuable heirlooms such as art or jewelry
- You have assets that as a result of your death may cause tension among surviving family
- You own a business or investments
- You have a cause that you’d like to donate to upon your passing
If any of the above situations apply to you, it is a good idea to create a will as soon as possible so you can have peace of mind that your assets will be distributed among your loved ones in the way you intended.
Now that you know the basic criteria for how to make your will legal and when you need a will, it’s a good idea to familiarize yourself with the different ways to make your will.
Make your online will in less than 20 minutes →
The Different Ways To Make A Will In Canada
Regardless of how you decide to make your will, it's crucial to understand that what makes a will legally valid has nothing to do with whether it was created using a lawyer. In Canada, a will simply needs to meet the criteria set out above to be legal.
Here are four different ways to make your will:
- Write a holographic will (also known as a handwritten will)
- Purchase a DIY will kit
- Use an online will platform
- Visit a lawyer
Depending on your unique life situation, there are pros and cons to using all of the above options. To help find the best option for you, we've broken down the benefits and how you can make a will using each method.
How To Make A Holographic Will (Handwritten Will):
A holographic will is a will that is written by you without the aid of any mechanical process like a computer, phone, or typewriter. It must be handwritten and signed by you, and it is the only type of will that does not require the signatures of two witnesses. In order to make a holographic will, you typically only need a pen and paper, and yourself of course.
When Should You Make A Holographic Will:
- You have a legal background and know how to word/phrase your will without contradicting yourself
- You do not have access to any of the other available options
- You cannot spend any money on creating your will
- You cannot sign your will in front of witnesses
When To Avoid A Holographic Will:
While they’re cost-effective, holographic wills may not be the best option since most people don’t have legal backgrounds, and therefore we can contradict ourselves, or leave important things out. They also aren’t ideal if you need to make updates.
Holographic wills may be a good fit if this is the only option you have, and even then, you need to do your research to ensure they’re worded in a way that avoids contradictions.
Also, ensure you only keep the most recent copy, and inform your executor about your holographic will— Aretha Franklin’s family only found her holographic will almost a year after she passed away, and they found multiple versions that contradicted each other.
Note that holographic wills are not recognized at all in PEI, and in BC handwritten wills are only legal if they're properly witnessed.
How To Make Your Own Will With A DIY Will Kit
A DIY will kit is a printed fill-in-the-blank legal document that allows you to fill in the key information about your estate—who you are, who your executor would be, who your beneficiaries would be, and who would be a guardian for your minor child. Think of will kits like Mad Libs for estate planning—you fill in the blanks with your information, and once signed and witnessed correctly, you have a valid will.
When You Should Use a DIY Will Kit:
- You have a very simple estate that does not require any custom or specific requests
- You want to spend less than $50 on creating your will
- You are not comfortable using online tools
- You don't anticipate needing to update your will much in the future
When To Avoid A DIY Will Kit:
The biggest downside of DIY will kits is that they are one-size-fits-all. Every person buying a will kit has a unique life situation, but will kits treats everyone the same. This may be fine for some people with very simple wishes, but it largely doesn’t take into account any complexities, extra nuances, or funeral wishes.
It can also lead to the wrong people witnessing your will, since there are rules around who can sign your will. And, if you’re someone who wants to be able to make updates, they require that you purchase a new kit every time your life situation changes.
Note that in many provinces, the government provides free downloadable will templates online, so if you’d like to pursue a DIY option, it’s worth researching your provincial resources first.
How To Make A Will Using An Online Platform (like Willful):
An online will platform like Willful combines the convenience of a will kit with a degree of the customization you would expect from an estate lawyer.
It’s generally easy to make a will online as they are designed to walk you through the process. Platforms like Willful don’t function like a fill-in-the-blank form, rather we guide you through a series of questions to assess your life situation and create a customized document tailored to you.
When You Should Make Your Will Online:
- You don’t have a complex estate (an online will platform like Willful is not ideal if you have a child with a disability who requires a Henson trust; if you want to disinherit someone from your will; if you want to make certain gifts conditional; or if you’re separated but not divorced and you want to ensure your ex doesn’t benefit from your estate)
- You’re single/married/common law, have assets (property, investments), have children and/or pets; and live in any province in Canada
- You want to be able to make changes in the future—Willful allows for easy updates, anytime, for free!
- You prefer to use online tools. Keep in mind you still have to print & sign your will - it’s the law.
- You want to spend less than $250 on your will
- You don’t need legal advice
- You want a will that has up-to-date legal content - all of Willful’s content is created in partnership with estate lawyers in each province, and those legal advisors keep our content up-to-date
Read More: A Guide to Making An Online Will in Canada
When To Avoid Making A Will Online:
Online wills are ideal for many people, but they don’t cater to people with complex estates who need a variety of very custom clauses, and they also aren’t a fit for anyone who wants to sit down and talk to a lawyer about their situation.
How To Make A Will With A Lawyer:
Creating your will with an estate lawyer is the most expensive, but also the most comprehensive, option. Estate lawyers are trained in estate law, can handle any complex estate, and give advice on different scenarios. They’re also usually well-versed in estate taxes, so can advise you on how to minimize your estate taxes.
When You Should Have A Lawyer-Drafted Will:
- You have a complex estate - a child with a disability, you’re separated but not divorced, you want to disinherit someone, you have a business and need a dual will, or if you just want lots of custom clauses or detailed instructions, such as gifts with a requirement that has to be satisfied or fulfilled before the beneficiary will be entitled to receive the gift
- You have the budget to pay a lawyer - typically even simple estate plans will cost $800+ with an estate lawyer
- You need legal advice - you have questions about your estate plan and only a lawyer can answer
- You want advice on minimizing the taxes that will be owed by your estate
- You want a lawyer to create the will so they can handle the probate process as well (moving the will through the court system after you pass away)
Read More: Complex Situations That May Require A Lawyer
When To Avoid Using A Lawyer To Make Your Will:
The biggest barriers to people visiting an estate lawyer are cost and convenience. It’s expensive to get a will from an estate lawyer, and you usually have to make an appointment during work hours
Lawyers are often working from their own templates for estate planning documents—they’re not creating each one from scratch—so if you have a simple estate, it can feel like overkill to visit a lawyer. Also, it means paying hundreds of dollars every time you have to make an update - typically you’ll go through 3-5 life changes (birth of a child, marriage, divorce) that will require updates to your will, which can add up over time.
Frequently Asked Questions About Making A Will In Canada
How Much Does It Cost to Make a Will in Canada?
The cost to make a will in Canada varies depending on how you make your will. A simple will can cost between $0 to $400 but a more complex estate may require a lawyer that might run the cost up to $1,000 or more. Will kits are relatively low-cost options and can be found for as little as $50 but they are generally a one-size-fits-all approach that may not fit your unique life situation.
With an online will platform like Willful, you can make a legal will for as little as $99.
Read More:
- How much does a will cost in Canada?
- How much does a will cost in Ontario?
- How much does a will cost in British Columbia?
Is a Will Legal Without a Lawyer in Canada?
You do not need a lawyer to make a legally valid will in Canada, but you may benefit from legal advice if you have a complex estate or wish to include custom clauses in your will.
While lawyers offer the highest level of customization, this is much more expensive compared to online services like Willful.
Read More: What Are The Requirements For A Will To Be Legally Valid in Canada?
Are Online Wills Legal in Canada?
Online wills are legal in all provinces and territories across Canada. However, in order to ensure your last will and testament is legally binding, you must be the age of majority in your province or territory and the will must be printed (except in British Columbia) and signed in wet ink by yourself and two witnesses.
Read More: Guide To Making Online Wills In Canada
The Worst Type Of Will Is No Will At All
There you have it - a guide to the different ways you can make a will in Canada. The key takeaway here is that the worst type of will is no will at all - our research shows two-thirds of Canadian adults don’t have an up-to-date will, and that means a lot of families aren’t protected. Regardless of which method you choose, make sure it’s a fit for your unique life situation.
Remember that tomorrow isn’t always guaranteed, so once you’ve decided how to make your will - be certain you actually get it done! Get started for free with Willful and create your will in as little as 20 minutes.
