How To Write A Will: Important Things To Consider

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What you need to know

Write your will by selecting key individuals (executor, guardians, beneficiaries), discussing your wishes with loved ones, choosing a will type, drafting, signing, and witnessing it, then finally storing your will somewhere safe
In Canada, you do not need a lawyer or notary to make a legal will
You can make a will by handwriting it, using a lawyer, an online platform like Willful, or a DIY kit
Your will must be printed, signed, and witnessed according to your provincial requirements for it to be legal

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In Canada, you can write a will yourself, with a lawyer, using a will kit or with an online will service. The options are endless and it can seem... daunting.

Writing a will is a complicated subject that can drum up difficult emotions such as fear of the unknown. As a result, estate planning often gets bumped to the bottom of the to-do list.

Thankfully, writing your will is actually a fairly straightforward process.

In this article we’ll cover the importance of writing a will and how simple it actually can be with a step-by-step guide on writing a will in Canada.

Quick Answer: How to Write a Will in Canada

In Canada, you can write a legal will online, with a lawyer, or by hand, which is called a holographic will.

In order to be legally-valid, a will must name an executor and explain how you want your assets to be distributed. You can also include wishes about guardianship for minor children or pets, and instructions for managing digital assets like online accounts.

In order to be legal, your will must be printed and signed in front of two witnesses who are not beneficiaries. In British Columbia, you can create a will digitally, which includes digital execution.

Why Do You Need A Will?

Your last will and testament is a blueprint for your family when you pass away. Your will guides your loved ones through how you’d like your assets to be divided, who can manage your estate and funeral, and any other end-of-life wishes you may have.

If you die without a will, your assets will be divided based on your province's regulations around intestacy. The court will also have to appoint an executor for you, along with any guardians for minor children.

By writing a will, you know that in the event of your death, you will be contributing to the well-being of your family members and loved ones.

All Canadian adults should have an up-to-date will at the time of their passing, so here's a breakdown of the process of writing your will in Canada.

How To Write Your Will In 6 Simple Steps

Here are six easy steps to help you write your will:

1. Identify the key people involved

Before sitting down and writing your will, it’s essential to outline the list of people you’d like to fill the following key roles.

Role	Responsibility
Custodian(s)	The custodian(s) of your child is responsible for the physical custody of a minor if you and your spouse pass away. Oftentimes the custodian is the same person as the guardian.
Guardian(s)	The guardian(s) of your children will assume management of the assets of a minor if you and your spouse pass away. It can be a single person or a couple.
Executor and Estate Trustee	Ideally a spouse, relative or close friend, this person executes the wishes in your will, distributes funds to your beneficiaries, and can act on behalf of your business and financial interests.
Spouse	If you’re married or have a common-law partner, you may want to work together to make decisions on your shared assets or dependants.
Attorney for property	This person will make decisions about your property and finances if you are medically unable to do so yourself. Choose somebody you trust such as a spouse, relative or a close friend.
Attorney for personal care	A spouse, family member, or close friend with good judgment. This person will be the voice of your healthcare decisions if you are unable to communicate.
Backups	Specifying backups, also called substitutes, will add additional layers of certainty to your plan. Your initial choice may refuse the task, or be unable to act for other reasons, which is why it’s important to talk with them and also always have a plan B.

2. Have the conversations

However hard or uncomfortable the discussion may be, once you’ve decided who the key people involved in your will should be, it’s important to talk to them.

Roles such as the guardian or attorney for personal care can be financially and emotionally taxing, so it’s important to ensure that they are willing to take on the responsibility.

If you find end-of-life conversations sensitive, we’ve gathered some tips to help make talking about wills a bit easier.

3. Make a list of your items for gifting purposes

Take a tour around your home, and create a list of valuables and items that you’d like to include in your will so you don't have to think through all the items on the spot later.

Specific gifts, also known as bequests, are identifiable pieces of property or monetary amounts gifted to individuals upon your passing. These gifts are not included in your residual estate.

Some common gifts include:

Cash
Jewelry
Art
Clothing
Family heirlooms
Mementos with special meaning

You don’t need to include any specific items in your will, unless you’re gifting it to a specific individual, for example, you want to give your red Honda to your sister Katy. Any items not listed as a specific gift will be included in your residual estate and distributed accordingly.

In terms of the financials, you don’t need to worry about calculating your current net worth or the value of your RRSPs—your will covers your umbrella estate, including everything you own, unless it’s owned jointly, or already has a named beneficiary.

Learn more about beneficiaries and gifts →

4. Involve your spouse or partner

If you’re married or in a common-law relationship it’s a good idea to sit down together when drafting the will, especially when making important decisions like who will care for your dependents when you both pass on.

Equally as important, is the opportunity to discuss your wishes with your partner. A recent study Willful conducted with Angus Reid showed that 66% of Canadians don’t know the end of life wishes of their spouse.

It’s important to remember that both you and your partner may share many assets, loved ones, and wishes. Talking with them about these things can make all the difference later on.

💡 Good to know Both you and your partner need to have your individual wills signed and witnessed separately. You cannot make or sign someone else's will for them, even if they are your partner or spouse.

5. Decide how you want to write your will

Depending on your unique life situation and the complexity of your wishes, you’ll need to decide how you’d like to write your will. Most Canadians will go with one of the following four options:

Visiting a lawyer
Writing a holographic will
Using an online will platform
Purchasing a DIY will kit

Any of these options can help you create a legal will. It’s important to remember that what makes your will legal has nothing to do with whether it was created with a lawyer.

To help find the best way for you to write your will, we’ve broken down the pros and cons for each method of making your will.

6. Block off some quiet time

When you’re finally ready to sit down and create your will, find a quiet place with limited distractions so you can avoid making any mistakes.

You will want to block off between 20 minutes to a couple of hours.

The amount of time needed will depend on how you’ve decided to make your will. If you’re working with a lawyer or notary, you’ll need to block off time for your in-person appointment plus your commute to get there.

With Willful, you can easily complete your will within 20 minutes from start to finish. Plus, you can do it from the comfort of home.

And that’s it. It’s truly not as complicated as many people perceive. Have the important conversations, gather those important names, and check this important to-do off your list today.

What Are The Most Important Things To Put In A Will?

A comprehensive will should be as unique as you are. Each last will and testament looks a little different based on your individual circumstances and the assets under your name.

When you create a will using Willful, we ask you a series of questions to ensure your legal document is customized to your life situation.

Every will should include these important pieces:

Section	Details
Property, assets, and beneficiaries	Your will should outline the assets, properties, belongings, and money that will be distributed to each of your beneficiaries. It should also include a clause that outlines what happens if a beneficiary passes away before you and how the assets you gifted them should be distributed. You may also choose to leave legacy gifts, which are specific contributions to charities or causes that are important to you.
Appointment of an executor and trustee	Your will must establish an executor and trustee that will manage your affairs after you pass away. Their responsibility is to execute the wishes outlined in your will, distribute funds to your beneficiaries, and act on behalf of your business and financial interests when you die. You should also include multiple backup executors in case the primary executor is unable or unwilling to act in this role.
Power of trustees	This section will outline the power given to your executors and trustees when managing your financial affairs. These powers can include the ability to sell real estate and assets, to pay taxes, to distribute assets to beneficiaries, to invest money, and to settle any claims against the estate, like debts.
Guardianship and custodianship for minors and pets	In the event that both parents pass away, an appointment of guardianship may be necessary for any surviving minors. You can also choose a guardian to care for your pets, as well as allocate resources for your pet guardian(s) to cover the cost of caring for them.
Digital assets	Digital assets like social media accounts, online banking, or cryptocurrency are as important as physical ones. Including a list of your digital accounts along with your will ensures your executor knows what exists, where to find them, and how you want them handled.
Final wishes	You can also choose to include any funeral wishes or burial wishes in your last will. While these wishes are not legally-binding, your loved ones will likely respect your final wishes if they are included in your will.

Write your will in under 20 minutes with Willful. Get started for free today →

Common Mistakes When Writing A Will In Canada

We’ve rounded up some common mistakes that people make when writing their wills. Avoiding these mistakes will help you make sure your will is legal and help prevent it from being contested in court.

Common mistake	Why it matters
Not getting the will properly signed and witnessed	Your will is not legally-binding until you’ve followed all your province's requirements for signing and witnessing. You must ensure your will is signed by the testator as well as two witnesses, unless it's a holographic will, where witnesses aren't necessary. At Willful, we include detailed instructions to make sure you don’t miss anything along the way.
Writing a will for someone else	You cannot write a will on behalf of another person. A will is only legal if the testator is of sound mind and has written and signed the will themselves.
Storing the will online in provinces other than British Columbia	Outside of B.C., only the original, physical copy with wet signatures is valid.
Not telling anyone where your will is	If no one knows where your will is, it can make things difficult after you pass away. Store your will somewhere safe and make sure your executor knows where it is, since only the original copy is valid.
Making a video will	Despite what many people believe, you cannot make a video of yourself dictating your wishes. A legal will must be written out, signed, and witnessed.
Forgetting to update your will	It's important to update your will after major life events including marriage, divorce, and the birth of a child.
Not considering tax implications for beneficiaries	Your estate may owe taxes on certain assets, which can reduce what your beneficiaries receive if not planned for properly.
Overlooking the need for clarity	Using vague language or unclear instructions may lead to confusion or family disputes.

Who Can Write A Will In Canada?

While the specifics around who can write a will in Canada varies from province to province, the general rule is that anyone over the age of majority who is mentally capable can write a will!

In certain provinces, the age of majority rule is mandatory for everyone except for some individuals, such as those who are legally married, have children, or are members of the Canadian armed forces.

There are no requirements for the amount of assets you have or other restrictions.

Essentially, any adult can and should write a will.

"As the founder of Willful, I hear lots of misconceptions about writing a will in Canada: that you have to visit a lawyer, that it costs thousands of dollars, that you don’t need a will if you’re young or if you don’t have a lot of assets."

"The truth is, you should have a will if you have assets of any size, dependents like young children or pets, or family that you don’t want to burden when you pass away, and it’s easier and less expensive than you think to get it done."

— Erin Bury, Co-founder, CEO, and Estate Planning Expert at Willful

Can You Write A Will Yourself?

Yes. You can write a will yourself in Canada.

There is no requirement to visit a lawyer or use a specific method of creating your will. From online wills to will kits, or even writing your will by hand—there are many ways to make a will yourself in Canada that are 100% legal.

Do You Need A Lawyer To Write A Will?

No, this is a common misconception about making a will.

In Canada, there are many ways to write your will that do not include a lawyer or even a notary. As long as you've met the requirements for a legally valid will in your province, you're all set.

To find out more about the requirements of a legal will, read our comprehensive guide on legal wills in Canada.

Get a FREE checklist to help you write your will. Download now →

What Happens If You Die Without a Will in Canada?

If you die without a will, also known as dying intestate, provincial laws decide how your estate is divided.

This may lead to unintended outcomes, for example, a common-law partner not inheriting anything, or a court appointing a guardian for your children. Writing a will puts you in control and ensures your wishes are carried out.

How to Store Your Will Safely

Once your will has been printed and signed in front of witnesses, it’s important to store it somewhere safe and accessible.

A fireproof safe, a locked filing cabinet, or a safety deposit box are all good options.

Don't forget: Let your executor know where the will is stored, and consider giving them a copy. While digital copies can be helpful for reference, only the original signed paper copy is legally valid in most provinces.

Common Questions About Writing A Will In Canada

Is Writing A Handwritten Will Legal In Canada?

Yes, in most Canadian provinces, handwritten wills are legal.

Handwritten wills are also known as holographic wills. They must be written completely in your own handwriting, without the aid of any mechanical devices like typewriters, computers, or phones.

Holographic wills are the only type of wills that do not require witnesses. However, holographic wills are not recognized as legal wills in BC or PEI.

Learn more about holographic wills in Canada →

How Often Should I Update My Will?

Your will is a living and breathing legal document. It needs to be updated as your life changes.

Some common life events that should have you thinking about updating your will include marriage, divorce, the birth of a child, the purchase/sale of an asset like a house, and more.

At Willful, we recommend reviewing your will at least every 6-12 months to ensure everything is up to date.

You may not need to make changes every time, but this way you'll be certain your will always reflects your current wishes.

What Other Documents Should I Have On Hand When Writing My Will?

For the most part, you don’t need any other documents when writing your will.

However, you may want to put together a list of key individuals who might be involved in your will and a list of assets. you’d like to leave to specific individuals.

Keep in mind that it's not necessary to include a list of all your assets in your will.

Your will already covers your umbrella estate, which is everything you own. Most wills do not include a detailed list of assets.

If you want to include a full detailed list to help your executor, you can compile a list of assets separate from your will and store it with your document along with other estate planning documents. This is not a legally-binding document, but can serve as a blueprint for your loved ones and executor.

How Much Does It Cost To Write A Will In Canada?

Depending on how you decide to create your will, the costs can range from $0 to $400 for a very simple will.

If you have a complex estate, it can climb even higher to $1,100-$1,400 based on legal fees with a lawyer. You may also incur additional costs every time you make an update to your will.

At Willful, updates are always free, and you can make a strong, legal will for as little as $99.

Give Yourself Peace Of Mind And Write Your Will Today

While there are several options available to write your will, the process can actually be quite simple. There is no requirement to visit a lawyer and you can even write your will online.

The easiest way to create your legal will. No lawyer required. Start yours for free →

How To Write Your Will In Canada In 6 Steps

What you need to know

Quick Answer: How to Write a Will in Canada

Why Do You Need A Will?