Situations Willful Does Not Currently Support
We’re constantly working behind the scenes to improve and add features to address a wider range of estate planning needs. If you’re considering using Willful to write your will and/or Power of Attorney documents, these are the features that we’re working to support and those we do not have plans to support due to their complex nature. Please also read: Complex cases that may require a lawyer
Multiple contingent beneficiaries On Willful, you can currently choose one contingent beneficiary. This is the person or organization you would want to receive your estate in the unlikely event that all of your primary beneficiaries are unable to inherit your estate. We’re working on allowing users to choose more than one contingent beneficiary.
Complex tiered beneficiary needs At the moment, Willful does not offer the ability to structure beneficiary payouts over time, or to add any “if this then that” scenarios. You are able to select one age of inheritance for minor children. We understand that this can be limiting, so we plan on adding the ability to create a detailed distribution plan for all beneficiaries, including tiered inheritance payouts for children.
Free-form text boxes for additional notes Willful does not support free-form text or custom clauses at this time. This is to avoid someone writing in something that invalidates another section of their will or power of attorney documents. While we may not allow for custom notes in your legal documents, we plan on allowing users to add in custom notes surrounding funeral and burial wishes. It’s important to note that while funeral wishes are not legally-binding, when included with your will they are usually followed by family members.
Co-Executors and Co-Attorneys On Willful, we do allow users to choose multiple backups for Executors and Power of Attorneys. However, we do not offer the ability to name co-executors or co-attorneys who serve in a joint and/or several capacity. We understand that the responsibility of these roles can be overwhelming so we plan to add the ability to name more than one executor and Power of Attorney.
Provinces we do not currently support It’s our goal to be available Canada-wide to help as many Canadians as possible get a plan in place for their loved ones. Willful is currently active in Ontario, British Columbia, Manitoba, Alberta, Saskatchewan Nova Scotia and New Brunswick. We’re actively working on expanding to Quebec, Prince Edward Island, Newfoundland and Labrador, Yukon, Nunavut and the Northwest Territories. If we are not yet available in your province and would like to be notified when we are, please create an account with Willful. When you select your province, a prompt will appear to add your email to our list and you will be notified with all of the details when we are live.
Disinheritance At this time, Willful does not offer the ability to exclude a spouse or dependent from your will. Due to provincial laws that govern a spouse/child’s right to your estate, disinheriting these family members adds complexity to your will and requires an explicit disinheritance clause that Willful does not currently offer. We will be working with our legal advisors to add the ability to disinherit a spouse and/or dependent.
There are also features that Willful has no plans to support due to the complexities involved. We recommend seeking advice from an estate lawyer if you are planning on creating a will that includes one or more of the following:
Trusts There are a number of different types of trusts in Canada, including Living Trusts, Testamentary Trusts and Henson Trusts, to name a few. Each of these types of trusts requires careful consideration of each family’s unique circumstances and needs. For this reason, we do not plan on allowing the creation of trusts on the Willful platform.
Dual Wills When creating dual wills, whether to address assets in multiple jurisdictions, separate business assets or reduce probate fees, there is a high level of consideration required to ensure neither will invalidates the other. At this time we do not plan to offer the ability to create dual wills.
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