It is possible to make a will without a lawyer (or Notary in BC or Quebec). Answering a simple set of questions and getting a quality will online is a good alternative. You could do it yourself with a DIY kit or just on your own. If you do it without any guidance you run a greater risk of dispute or delay. If you have a large or complex estate you should speak to a lawyer.

Making a will online is a much safer alternative to doing a will yourself for free. Making a will online is also much cheaper than going to a lawyer face to face. Online wills are fully legal if you complete them in accordance with our instructions. If you have a large or complex estate you should speak to a lawyer. If you have concerns about your mental capacity, or if you have other needs (e.g. blindness) you should speak to a lawyer too.

If you die without a will your property is split in accordance with the rules intestacy of the province where you live. The system tends to favor a spouse often with everything or a fixed value of assets going to the spouse and everything else split with the children (if any). If you don’t have a spouse or children then your estate will go to more distant relatives following the rules of consanguinity (i.e. blood relatives). If you don’t have any of those: then your estate goes to the tax authorities. So: if you don’t want Long Lost Cousin Bertie or the Monarch to get your estate: make a will!

You can leave just about anything you own in a will. Property, money, shares, your stuff, any creative rights (e.g. IP in songs, books or photos), debts you are owed, bitcoin or other crypto currencies… the list goes on. If you are leaving property in other countries you should always speak to a local lawyer in the jurisdiction where the property is based. If you are transferring business or agricultural property make sure you speak with a lawyer.

In many provinces getting married revokes any previous wills. When you get married you should make new wills. When you make the wills you should have one for each spouse. There have been historical experiments where both people are tied into one will (known as “mutual wills”). These have caused lots of problems though. We do not advise this approach.

You should store your will somewhere safe but also somewhere your will can be discovered. If you store your wills at home they should be safe from fire and flood. For example, in a fire-resistant filing cabinet in a clearly marked folder. You should also make sure your executors know where it is stored. Be very careful about leaving the will somewhere secure but hard to access like a safe or bank deposit box. If the executors can’t access it: your wishes may not be carried out.

You can cancel a will by “revoking” it. When you make a new will online with us it will revoke any older wills. You can also revoke a will by destroying it with the intention to cancel it (e.g. by shredding it). Whenever you make a new will you should take the time to destroy the old one to avoid confusion or dispute as to your real wishes.

You should review your will frequently. At least every 3-5 years. When you review your will consider any close births, deaths, marriages or other major life events. Make sure that the addresses of you, the beneficiaries and the executors are all up to date.

An executor is the person or people who make sure your wishes are carried out. They will do all of the administration and fact-finding after your will. They will go over all of your assets, gather the information together, carry out valuations where necessary. They will make sure that all your taxes and other debts at the time of death are paid off. They will make sure the beneficiaries get what you gifted to them. It is a tough job and not for the faint-hearted. Lots of people appoint an experienced lawyer as an executor. They will charge your estate for their time but this could be money well spent.

A guardian is the person or people who look after any children who have not reached 18 years old. You can set out your wishes in your will about who will look after your children if you die. The courts will have final say though. The courts will consider your wishes, your children’s wishes and any other factors. They will have the best interests of the child in mind.

A beneficiary is someone who inherits under the terms of your will. You can leave pretty much anything you own in your will. Property, stuff, money, life insurance, intellectual property (i.e. creative rights) and increasingly: crypto currencies. Most people leave the bulk of their estate to their spouse and children but you can leave gifts to other people. There is also an increasing trend to put gifts in wills to charities or other causes that are particularly close to your heart.

In Canada the laws around inheritance, probate and wills vary from province to province. Everything from the rules of intestacy through to tax are fixed on a local rather than federal basis. When you write your will you should be very clear where your home province is. There is also variation as to who counts as a “spouse” and whether stepchildren are recognized in the same way as biological children.