In our recent survey of more than 1,000 Canadians, over three in four parents, 77%, indicated that they’re open to using an online will platform to create their will. So to help you decide if an online will is the right fit for you, this article will address all the common questions around online wills, their legality, and how to make them.
What is an online will?
At Willful, an online will is a document that we help you create by asking you relevant questions about your life situation. Once we have all the information about your end-of-life wishes, we create a customized legal last will and testament for you.
Are online wills legal?
In short, yes they are!
However, there are some steps that need to be taken in order for it to meet the criteria for a legal will in Canada. Each province has its own legislation governing wills and estates law, but the basic requirements are the same across the country.Â
It’s important to understand that what makes a will legally-valid in Canada depends on meeting these requirements, not on whether it was prepared by a lawyer.
What makes a will legal in Canada?
Regardless how you make your last will and testament, the basic criteria for a legally-binding will in Canada are as follows:
- You must be the age of majority in your province: The age at which you’re allowed to make a will varies across provinces and certain jurisdictions allow a minor to create a will if they have been married, have children, or have a common-law spouse. Our Glossary covers the age requirements by province
- Written by you in sound mind: You are of rational mind and aware of what you are doing
- Signed with a wet signature in the presence of two witnesses: A typed will or online will must be printed and signed on paper with ink at the end of the document by the testator (you, the maker of the will). Only the printed and signed version of the will is legally-recognized. At this time, the only exception to this rule is in British Columbia, where residents can legally digitally execute their will, meaning they can sign, witness and store their wills digitally
- ‍Signed by two witnesses in the presence of the testator: Your witnesses cannot be beneficiaries of your estate, the spouse of a beneficiary at the time of signing, or a minor. Each witness must also be at least the age of majority and mentally capable. Note that the signature or the acknowledgement of the signature by the testator must precede the signature of either witness.
If your will is not signed properly, it is not legally-valid and it’s likely you will be considered to have died intestate.Â
With Willful, we help guide you through the process of ensuring your online will is a valid and legal document:
- Every document comes with an instructions page that outlines the requirements in your province and witnessing details
- All Willful documents also include signature and initial boxes to clearly indicate where each person should sign
Exceptions
- Holographic wills (written on paper by you): Holographic wills are exempt from the usual criteria and often do not require two witnesses. However, it’s important to note that holographic wills are not legally-valid in BC or PEI
- Military service, members of armed forces, and mariners: There are also some exceptions to the formal requirements of wills for service members
What are the benefits of using an online will platform?
The benefits to making an online will using a platform like Willful include:
- Cost: A fraction of the cost of visiting an estate lawyer. If you have a simple estate, you don’t need to visit a lawyer (in many cases).
- Convenience: You can create your will at home or at work without having to make an appointment or work around someone else’s schedule
- Time: Once you’ve made key decisions (your executor, guardians, beneficiaries), using a platform like Willful to create your will online takes less than 20 minutes
- Simplicity: We ask you the important questions and walk you through the process, so making your will is simpler than ever
Who would benefit from making an online will?
Willful and online wills may be a fit for you if:
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About 90% of Canadians have simple estates that we are able to support at Willful.
See a sample will and learn more about the clauses included in Willful wills →
If you’re not sure if your estate is simple enough, reach out and we can help discuss if we’re the right fit. If you need additional resources to support your situation, we’re happy to point you to a law society in your province.
Which situations add complexity, and may require speaking with a lawyer, tax specialist, or financial advisor?Â
There are some life situations and wishes that add complexity to your will. Here are some examples of situations that would benefit from assistance from a lawyer, tax specialist, or financial advisor:
Complex situations that may require a lawyer →
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Can an online will be contested in court?
Any will can be contested in court.Â
Regardless if your will was created online, written on a napkin, or even created by a seasoned estate lawyer, it can be contested.
Whether your will is legally-valid when created and whether it holds up in court if contested are two completely separate things.
Wills can only be contested if there are grounds to do so, and it’s up to the judge who is evaluating that specific will to determine whether it reflects your wishes and whether to uphold it.
It is important to note that while any will can be contested, creating a will that clearly expresses your intentions is the best way to ensure it holds up in court.
Learn more about contesting a will →
Can I update my will online?
No matter how your will is created, you can and should keep it updated to reflect your current wishes.
Review your will any time life changes as you hit certain milestones or events, like:
- The birth of a child
- Marriage
- Divorce
- Changes to beneficiaries and executors
One of the major benefits of online wills is ease of updates. At Willful, we believe in helping our customers keep their estate documents up to date, so you can easily make changes, for free, anytime.
It’s important to note that when you make an update, you have to print and have your will signed (and witnessed) correctly in order to make it legally-binding.
At the time the new will is signed, the older will automatically becomes invalid, and you should destroy it. Make sure to inform your executor that you’ve created an updated version if you are storing it somewhere different.Â
How To Update And Change My Will →
Can I store my will online?
If you live in British Columbia, you can digitally sign and witness your will.
Outside of BC, the law in Canada does not support signing or storing wills online at this time. This applies to all wills, regardless how it was created.
While it is absolutely legal to use an online tool to create your will, unless you are in BC, you always need to print and have your will signed correctly, store it in a safe place, and inform your executor of its whereabouts so they know where to find it when you pass away.Â
Digital wills and electronic witnessing in BC →
Registering your will on the CanadianWillRegistry.org is a good way ensure your executor knows where it is—so if they forget, or you forget to tell them, your executor can perform a search to find out exactly where it’s located.
By registering your will, a lengthy search (and the stress and potential costs that come with it) is easily avoided.
When you make a will with Willful, you can register your will for free on the Willful Will Registry.
In which provinces can I make an online will with Willful?
Willful is available in:
- Alberta
- British Columbia
- Manitoba
- New Brunswick
- Newfoundland and Labrador
- Nova Scotia
- Ontario
- Prince Edward Island
- Quebec‍
- Saskatchewan
We’re actively working on expanding to Yukon, Nunavut, and the Northwest Territories.
If we are not yet available in your location and you would like to be notified when we are, please create an account with Willful.
When you select your location, a prompt will appear to add your email to our list and you will be notified with all the details when we are available there.
Making your online will
All Canadian wills and power of attorney documents must be signed in the presence of two (2) valid witnesses. Whether you do this digital in BC or by printed your documents, Willful is here to help you get your estate plan in place.
We understand that estate planning can be confusing and overwhelming. But we're here to help!Â
You can find answers to thousands of estate planning questions in our Learn Centre and get in touch with our estate planning experts to ask your own.
Or you see how easy it is for yourself! Start your will for free today →
