Creating a will doesn't have to be stressful. In fact, it's one of the most thoughtful and important steps you can take to protect your loved ones.
A simple, legally-valid will makes sure your wishes are honoured and the people you care about arenât left guessing.
In this guide, weâll break down what a âsimple willâ actually means, why it matters, and how to create oneâstep by stepâwithout the stress.
What Constitutes a Simple Will?
A simple will is exactly what it sounds likeâa straightforward legal document that outlines your final wishes. It typically includes:
- A statement that this is your last will and testament
- The appointment of an executor (the person whoâll carry out your wishes)
- A list of beneficiaries (the people or charities you want to receive your assets)
- Instructions for who should care for your minor children or pets (if applicable)
- Your signature, witnessed properly
Simple wills are designed for people with uncomplicated estates. This usually means:
- Youâre single or in a long-term relationship
â - You donât have complex tax or legal concerns
- You donât have assets outside of Canada
If your situation involves things like trusts, blended families, large estates, or ongoing business interests, you might want to consult an estate lawyer.
But for most Canadians, a simple will covers the essentials and ensures your loved ones arenât left with confusion or court delays.
Understanding the Importance of a Simple Will
Itâs important to remember that if you donât write a will, the government will decide how to settle your estate.
In Canada, dying intestate (without a will) means provincial laws decide how your estate is dividedâand that may not align with what you wouldâve wanted. Your loved ones may also face legal delays, extra stress, and even disputes over who gets what.
Still, many Canadians delay getting a will.
Only 49% of Canadians have a will. Among adults under 35? Just 20%.
A simple will isnât just a legal document. Itâs peace of mind. Itâs a way to:
- Protect the people and pets you love
- Name a guardian for your kids
- Make sure your assets go to the right people
- Reduce stress and paperwork for your family during a difficult time
Whether youâre just starting your career, buying a home, or growing your family, itâs never too early to get a plan in place.
Legal Requirements for a Valid Will Thatâs Simple
Creating a simple will isnât just about writing down your wishesâit also needs to follow a few legal rules to be valid in Canada. These rules vary slightly by province, but there are some basics every will must meet.
General Legal Requirements for a Will in Canada:
To be considered valid, a will must:
- Be made by someone who is mentally capable and at least 18 years old, with some exceptions
- Clearly state that itâs your last will and testament
- Be written down, either typed or by hand
- Be signed by you in front of two adult witnesses, who also sign the document
- Be stored safely in a place your executor can access when the time comes
Important: Your witnesses must be adults who are not named in your will as beneficiaries or spouses of beneficiaries.
What about Handwritten Wills?
Some provinces allow holographic willsâwills that are entirely handwritten and signed by the will-maker, no witnesses required. These are only valid in specific provinces and come with certain risks, like being unclear or easy to challenge.Â
Online platforms like Willful are designed to help avoid those pitfalls by guiding you through each decision in plain language.
On Dec 1, 2021, the first fully digital will in Canadian history was executed in British Columbia using WillfulâTo date, thousands of BC residents have since signed online with Willful.Â
Will Requirements by ProvinceÂ
For a more detailed look, check out our guide to legal will requirements by province.
Step-by-Step Guide to Writing a Simple Will
Writing a simple will might sound overwhelming, but it doesnât have to be. Hereâs how to break it down into manageable steps.
Step 1: List your assets and liabilities
Start by writing down your assets, which are everything you own, and your liabilities, which are everything you owe. This gives you a full picture of your estate.
Assets could include:
- Bank accounts
- Real estate or property
- Vehicles
- Investments like RRSPs, TFSAs, and stocks
- Personal valuables like jewelry, artwork, and family heirlooms
Liabilities could include:
- Mortgages
- Loans
- Credit card debt
Tip: You donât need to list every single item in your willâjust the ones you want to leave to specific people. The rest can be grouped as your "residual estate."
Step 2: Choose your beneficiaries
Your beneficiaries are the people or charities who will inherit your estate.
You can name:
- A single person, like your spouse
- Multiple people, like your children
- Organizations or causes you care about
Tip: Be specific. Use full legal names and clear percentages or instructions to avoid confusion or disputes.
Step 3: Appoint an executor
Your executor is the person who carries out your wishes after you pass away. Theyâll handle paperwork, distribute your assets, and deal with probate if needed.
Choose someone who is:
- Trustworthy and organized
- Willing and able to take on the role
- Ideally living in the same province. Some provinces have rules about out-of-province executors
Tip: You can name a backup executor in case your first choice canât or wonât accept the role.
Step 4: Designate guardians for minor children or pets if applicable
If you have kids under 18 or pets, use your will to name a guardian.
Why it matters: If you donât name a guardian, the courts will decide who cares for themâand it might not be who you wouldâve chosen.
Talk to your chosen guardian in advance and make sure theyâre on board.
Step 5: Sign and witness your will according to provincial laws
To make your will legally valid, it needs to be:
- Signed by you
- Signed in the presence of two adult witnesses who are not beneficiaries or married to beneficiaries
- Stored in a safe, accessible place
Avoid this common mistake: Donât ask a family member named in your will to be a witness. This can invalidate part or all of your will.
You can also check out our detailed guide on how to make a will legally valid in Canada.
Options for Creating a Will
Thereâs more than one way to write a will in Canada. The best method depends on your personal situation, comfort level, and budget.Â
Hereâs a quick breakdown of the most common options.
1. DIY or Handwritten Wills
Some Canadians opt to write their own will from scratch or use a downloadable template.
Bottom line: DIY can work for very simple estates, but it often leaves room for errors, especially if your situation changes or you miss a key step like proper witnessing.
2. Traditional Lawyers
Hiring an estate lawyer means you get hands-on legal support.
Great option if: You have unique legal needs, a large or complicated estate, or want tax planning advice.
3. Online Will Platforms Like Willful
Online platforms offer a guided, step-by-step process for creating your will from the comfort of home.
Best for: Canadians with simple estates who want a fast, affordable, and legally valid way to make a willâwithout stepping into a lawyerâs office.
How Willful Simplifies the Process
At Willful, we believe creating a legal will shouldnât be confusing, intimidating, or expensive. Thatâs why we built a platform that guides you step by stepâno legal jargon, no guesswork.
"Willful provides access to justice for many Canadians by allowing them to create their own Will and Powers of Attorney online. Itâs user friendly, convenient, and affordable." - Ashley-Rose Gillespie, Wills & Estates Lawyer, Ontario
Hereâs how it works:
- Create an account
Sign up with your email to access the Willful platform. No credit card required to get started. - Enter your basic details
We ask a few simple questions, like your name, marital status, and family info , to personalize your will. - Answer guided prompts
Youâll choose your beneficiaries, executor, and guardians for kids or pets. Donât worry, we explain each decision in plain language. - Generate your will
Based on your answers, weâll create a personalized, legally-valid willâbuilt in collaboration with Canadian estate lawyers. - Print, sign, and witness
Follow our province-specific signing instructions. In British Columbia, you also have the option to complete everything digitally. - Optional: Notarize virtually
Need notarization? Weâve partnered with NotaryPro for fast, virtual appointments. - Access anytime
Log in whenever you need to make updates. Willful uses top-tier encryption that meets rigorous security standards.Â
Features Canadians love about Willful:
- Lawyer-approved templates
Created in collaboration with Canadian estate lawyers in every province and reviewed regularly. - Unlimited free updates
Life changesâyour will should keep up. Make changes anytime, from any device, for free. - Power of attorney and living will options
Available in our Premium plan to help you prepare for emergencies. - Family and couple plans
Make wills together and save on pricing with bundled options. - Charitable donations
Leave a lasting legacy by including gifts to causes you care about.
What our customers are saying:
âSo easy! What a relief to finally get this done - all from home. Great price too.â - J.Mays
âStraight forward, easy to follow instructions. Also easy to make changes. Great experience.â - Maggie
Storing and Updating Your Will
Once your will is created, itâs just as important to store it properly and keep it updated.
Safe ways to store your will:
- Store a printed copy in a fireproof, waterproof place like a home safe or safety deposit box
- Tell your executor where to find it
- Give copies to trusted loved ones if youâre comfortable
- Use a digital backup but remember: in most provinces, the signed physical copy is the legally valid version
When to update your will:
- You get married, separated, or divorced
- You have a child or adopt
- You move to a new province
- Your executor or guardian can no longer serve
- You buy a home
- Your assets of wishes change
Tip: Set a yearly reminder to review your will. Even if nothing has changed, itâs a good habit.
How Willful helps:
- Unlimited updates, free of charge: You can log in and revise your will anytimeâno extra cost, no need for an appointment
- Secure digital storage: Your documents are stored securely with top-tier encryption that meets rigorous security standards
- Register your will: Register your will for free with the Willful Will Registry, making it easier for your loved ones to locate.
Additional Considerations
Creating a will is a crucial part of planning ahead, but itâs not the only document that helps protect your wishes.
Power of Attorney
A power of attorney gives someone you trust the legal authority to make decisions on your behalf if you're ever unable to do so. This can cover:
- Property or financial matters
- Personal care and health decisions
Why it matters: A will only takes effect after death. Power of attorney protects you while you're still alive but incapacitated.
Living Will
A living will, sometimes called an advance directive, outlines your wishes for medical care if you become seriously ill or injured and canât communicate your decisions.
You can include:
- Your preferences for life support
- Instructions about pain management or resuscitation
- End-of-life care directions
These documents help ensure your values and choices are respected, and take pressure off loved ones during difficult moments.
Willful Can Help with Both
Willfulâs Premium plan includes the ability to create a power of attorney and living will alongside your legal willâall in one place, with guided support.
Keep Learning
Want to dig deeper? Here are a few helpful resources:
- đ What Are the Requirements for a Will to Be Legally Valid?
- đ What Is a Legal Will in Canada?
- đ How Do Online Wills Work?
Frequently Asked Questions about Writing a Simple Will
Is a Homemade Will Legal in Canada?
Yes, a homemade or handwritten will can be legal in Canada, but only in certain provinces. It must meet specific legal criteriaâincluding being fully handwritten and signed by you. However, homemade wills can be risky if unclear or incomplete. Using a platform like Willful helps ensure your will is valid and comprehensive.
Do I Need a Lawyer to Make a Will in Canada?
No, you donât need a lawyer to make a will in Canada. Many Canadians create legal wills online or on their own. As long as your will follows your provinceâs rulesâincluding signing and witnessing requirementsâitâs legally valid. That said, if your estate is complex, itâs wise to consult a lawyer.
What Happens if I Die Without a Will?
If you die without a will in Canada, provincial laws decide how your assets are divided. This process is called âdying intestate,â and it may not reflect your personal wishes. It can also lead to delays, higher costs, and added stress for your loved ones. A will ensures your voice is heard and your wishes respected.
Can I Update my Will After itâs Been Created?
Yes, and you should. Life changes, and your will should too. You can update your will anytime by creating a new version that follows the proper legal steps. With Willful, updates are free and unlimited, so you can log in and revise your will as often as needed to reflect your current wishes.
Is Willful Legally Recognized in All Provinces?
Yes. Willfulâs wills are legally recognized across every Canadian province, as long as you follow the local rules for signing and witnessing. In British Columbia, Willful also supports fully digital wills. Our documents are built with lawyers and updated regularly to reflect current provincial laws.
Ready to write your simple will?
Willful makes it easy to create a legally binding will in under 20 minutesâno paperwork, no pressure.
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Start your will online today â
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