What Happens Without a Will?
If you die intestate (without a will), your province's laws decide everything:
- ❌ The government decides who gets your assets — not you
- ❌ Your common-law partner may get nothing in some provinces
- ❌ A court appoints someone to manage your estate (may not be who you'd choose)
- ❌ A court decides who raises your minor children
- ❌ The process takes longer and costs more
- ❌ Family disputes become more likely
What a Will Covers
- ✓ Asset distribution — Who gets what (property, savings, investments, personal items)
- ✓ Executor appointment — Who manages your estate after death
- ✓ Guardian for minor children — Who raises your kids
- ✓ Trusts — Conditions on inheritance (e.g., children receive at age 25)
- ✓ Charitable gifts — Donations to causes you care about
- ✓ Funeral wishes — Burial vs cremation preferences
How to Create a Will
Online Will Services
$40-$200
- • Willful, Epilogue, LegalWills
- • Guided questionnaire
- • Good for simple estates
- • Takes 20-30 minutes
- • Legally valid in all provinces
Lawyer-Drafted
$500-$2,000+
- • Customized to your situation
- • Best for complex estates
- • Blended families, businesses
- • Tax planning advice included
- • Professional legal guidance
Holographic Will
$0
- • Handwritten entirely by you
- • Valid in most provinces
- • No witnesses needed
- • Higher risk of challenges
- • Better than nothing
Requirements for a Valid Will
- 📋 Must be in writing (typed or handwritten)
- ✍️ Signed by you (the "testator")
- 👥 Signed by two witnesses (who are NOT beneficiaries)
- 🧠 You must be of sound mind and legal age (18 or 19 depending on province)
- 🆓 Made voluntarily, without coercion
Choosing an Executor
Your executor manages your estate after death — paying debts, filing final taxes, distributing assets. Choose someone who is:
- ✓ Trustworthy and organized
- ✓ Willing to take on the responsibility
- ✓ Ideally younger than you
- ✓ Geographically accessible
- ✓ Financially responsible
Tip: Always name an alternate executor in case your first choice can't serve. You can also appoint a professional executor (trust company) for complex estates.
Common Mistakes
- Not making a will at all — The biggest mistake. Even a simple will is better than none.
- Forgetting to update after life changes — Marriage, divorce, kids, new assets.
- Naming a beneficiary as a witness — Invalidates their gift in most provinces.
- Not coordinating with beneficiary designations — RRSP/TFSA/insurance designations override your will.
- Storing it where no one can find it — Tell your executor where it is.
- DIY for complex situations — Blended families, businesses, and large estates need a lawyer.
Where to Store Your Will
- 🏠 Fireproof safe at home (tell executor the combination)
- 🏦 Safety deposit box (but access can be delayed after death)
- ⚖️ With your lawyer
- 📋 Provincial will registry (available in some provinces)
- 💡 Keep copies with your executor and a trusted family member