A recent study by Angus Reid found that more than half of Canadians don’t have a will. Even if you’re young and in good health, it’s important to write a last will and testament if you have any notable assets or dependents like young children or pets.
Not only does your will determine who will get your assets after you die, but it can also establish the guardian(s) for any minor children and pets.
And your will can do more than just give you and your family peace of mind. It can also ease the process of distributing your assets after you pass – and in some cases, having a will can even save your family thousands of dollars in estate taxes and probate fees.
Key Takeaways
- A will – or last will and testament – is a document that legally establishes your beneficiaries, or the people who will inherit your property, possessions, and other assets.
- Choose someone you trust as your executor, or the person who will oversee the distribution of your will.
- You only need to list your assets if you want to designate which items go to which beneficiaries.
- To be valid, a will typically needs to be signed in wet ink in the presence of two witnesses who are not beneficiaries.
- You can draft a will on your own, use a will kit service, or hire a lawyer to assist you.
How to write a will
Having a will is an important part of estate planning – but what should be included, and where do you even begin?
We recommend setting aside a couple of hours when you can quietly contemplate your final wishes. When you’re ready, follow these 7 steps:
1. Decide what type of will to make
There are three main ways to create a will in Canada:
- Create it on your own: Either type up your will by hand and sign it in the presence of witnesses (called an attested will) or write it by hand (called a holographic will). Holographic wills are recognized everywhere in Canada except BC and PEI.
- Use a will kit: Use a physical or digital will kit to customize a will to suit your wishes. These kits are usually created with the assistance of a legal team, so it may be easier to avoid mistakes that can slow down the probate process after you pass.
- Hire a lawyer: Hiring a lawyer is the most expensive path for drafting a will, but you’ll get specialized advice and the peace of mind that your will is legally sound.
Note that if you create your own will from scratch, any mistakes could potentially invalidate your will, complicating the inheritance process for your beneficiaries or even causing them to be left out of your estate altogether.
2. Choose an executor
An executor is the person who will oversee the administration of your will after you pass. They’ll ensure your wishes are carried out, and they’ll also handle the business side of things, like managing any communication with your insurance companies, banks, and the CRA.
When you’re picking someone to be your executor, consider things like:
- Is the person trustworthy? An executor is sometimes responsible for large sums of money – and if there’s a dispute between your beneficiaries, it’s important to choose someone you can trust to follow the instructions you’ve included in your will.
- Do they have time? Acting as an executor can be time-consuming, and the person you choose may be responsible for filing paperwork, paying bills, or arranging meetings. If you pick someone with a busy schedule, they may struggle to keep up with deadlines.
- Do they live in your province? Estate taxes can sometimes be complicated if your executor lives outside of the territory.
- Are they willing to be an executor? Always check with someone before you name them as executor to be sure this is a role they’d be comfortable performing.
If you’re not sure who to pick, or you just don’t want to ask someone to take on this role, consider hiring a professional executor or a trust company to administer your will on your behalf.
3. Name your beneficiaries and what you want to leave them
Your beneficiaries are the people you want to leave an inheritance to. Name each beneficiary and how you want your assets divided up between them.
You don’t need to create an itemized list of all of your assets, but if you intend to leave something particular to someone – like property or heirlooms – do make sure to specify that in your will.
If you own items jointly with someone else – like a home that you share with your spouse or certain registered accounts with named beneficiaries – these will automatically pass to the other owner and don’t need to be included in your will.
4. Appoint guardians for your dependent children and pets
If you have minor children or family pets, name the person (or people) you want to be responsible for them after you pass. Choose someone you trust to provide the best care, and be sure to check that they’re comfortable with the role before you name them as potential guardians.
Even if you’re married, it’s still a good idea to name a guardian in case you and your spouse pass away at the same time. If a guardian isn’t named in the will and your dependents are left without anyone to take care of them, the courts will decide where they should go – and this may not always be to the person you would have preferred.
5. Sign your will in the presence of independent witnesses
In most provinces in Canada, a typed will isn’t valid unless you sign it in wet ink in the presence of two independent witnesses. In BC, handwritten wills must also be signed in the presence of witnesses.
Generally, your witnesses shouldn’t be beneficiaries – if they are, it could invalidate your will.
6. Store your will in a safe spot
After your will is signed, place it somewhere secure, and make sure your executor knows where it is and how to access it. If you have an attorney help you draft your will, consider asking them to retain a copy of it for you. You could also keep it in a safe deposit box.
7. Update your will as needed
It’s a good idea to revisit your will every couple of years or after any major milestones. For instance, you should update your will if you get married or divorced, buy property, or have a child.
How to write a simple will
If your estate is simple – you only have a few assets, little debt, and a relatively small number of beneficiaries – you may be able to write your will without a lawyer.
We do still recommend some legal assistance, though. Online wills can be a good way to draft a sound, simple will without the help of a lawyer.
Online platforms like Epilogue Wills cost less than hiring an attorney, but you still get the benefit of legal advice. And if you use an online will, it’s often easy (and sometimes free) to update your will using an online will kit.
Your Will may be one of the most important documents you'll ever create in your life – but it's also one of the hardest. Epilogue Wills makes it easy by offering a fast and low-cost method to create your Will entirely online.
- More affordable than traditional methods
- Saves time and is easy to use
- Created by experts in the industry
- Create a social media Will
- First Will platform to let you name a professional trust company as executor
- Not appropriate for those with complicated finances
- Information centre isn't all that helpful
- Unavailable in certain provinces
- Age of majority
- Canadian resident (except in Quebec or territories)
- Convenient and legally binding service
- Update for free whenever you like
- Option to create Incapacity Documents alongside your Will
- Works with charities to make leaving a bequest a simple process
- Partnership with RBC
How much does it cost to write a will?
Writing a will can be free if you write it yourself. But keep in mind that if you make a mistake, it could be costly for your beneficiaries. Delays can lead to costly legal fees that will be deducted from the value of your estate.
Online will kits start at around $40–$50, with most falling somewhere in the $100–$200 range. This is usually a better option than handwriting your own will, and if your estate is fairly straightforward, this will probably serve your needs.
Hiring a lawyer can cost hundreds of dollars – or even thousands of dollars if your estate is complicated. But if you have a complex estate, paying the cost upfront could make it much faster (and cheaper) to administer your estate after you die.
What are the requirements for a will to be valid in Canada?
While the requirements for a will can vary based on the province where you live, most provinces require wills to meet the following conditions:
- You must be of sound mind, which your witnesses validate when they sign the will
- You must be over the age of 18. (There may be exceptions based on where you live – in some areas, minors can legally write a will if they’re married, have children, or are a member of the military.)
- If the will is typed, you must sign it in the presence of two independent witnesses. The witnesses must also sign the will.
- All three signatures should be at the end of the will. If anything is written after your signature, someone could argue that a third party changed the will without your consent.
Do you need a lawyer to write a will?
No, you don’t need a lawyer to write a will. But whether or not you should strongly consider hiring a lawyer depends on the complexity of your will.
If you have a complex will (ie. you have seven children and a vacation home in Florida) and you write your will without the assistance of a lawyer, there’s a chance that vague or contradictory wording could complicate the administration of your estate.
If you have a fairly simple estate, a will kit is a good option – these are typically designed with the help of estate lawyers, so your will is more likely to be legally sound than if you write it on your own.
But if your estate is more complex – like you own a business, you have estranged family members, or you need to provide for the long-term care of a disabled family member after your death – it’s probably best to consult an attorney for help writing your will.
An attorney can also be helpful if you’re hoping to minimize taxes imposed on your estate after your death.
Why you need a legal will
If you die without a will – known as dying intestate – the distribution of your estate will be determined by the courts. The court will go by the inheritance laws where you live, and they’ll assign guardians for your minor children or pets.
Without a will, you won’t have any say in how this goes. And because inheritance laws vary by province, the distribution may be different than you expect. Some provinces, for instance, won’t recognize a long-term partner if you weren’t married.
Additionally, if you die intestate, it will take longer for your estate to be distributed, and there’s a higher risk of disputes among your survivors. The longer it takes to settle your affairs, the more expensive the estate fees will be – diminishing the worth of your estate before it goes to your beneficiaries.
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$25 GeniusCash + Delicious meal choices with fresh ingredients + Front-door delivery.Is an estate plan the same thing as a will?
A will is one part of a total estate plan. Your will only details how you want your estate distributed among your assets. An estate plan encompasses everything about your affairs, including any living wills, trusts, insurance policies, funeral wishes, and itemized lists of accounts and other assets.
FAQ
How do I write a will and testament in Canada?
To write your will in Canada, list any beneficiaries and what you’d like them to receive. Also, name guardians for any minor children or pets. In most cases, you’ll then need to sign the will in wet ink in the presence of two witnesses who are not beneficiaries.
How much does a lawyer charge to write a will?
Lawyer fees to write a will start at around $300, but if your estate is particularly complicated, having an attorney draft your will could cost thousands of dollars.
How long does it take to write a will?
It usually takes a couple of hours to write a will. However, this really depends on the complexity of your estate.
Will my beneficiaries owe taxes on what they inherit?
After you die, any assets that are part of your estate will be assessed an administrative tax (also known as a probate fee). These taxes are deducted from the value of your estate. Probate fees vary by province, and there are no probate fees in Manitoba.
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