Start creating your will online today with Willful
If you’re writing a will in Canada, you’ve probably asked yourself: Should I do it online or with a lawyer?
Both online and lawyer-drafted wills are legally valid in Canada, as long as they are signed and witnessed according to provincial requirements. Creating a will online is typically the faster and more affordable estate planning option, while lawyer-drafted wills provide customized legal advice for more complex situations.
Some Canadians prefer the hands-on support of a lawyer, while others want the flexibility and speed of doing it online. Not sure where to start with your will?
What’s the Difference Between Creating an Online Will and Using a Lawyer?
In Canada, creating an online will involves using a digital platform to complete your will from home, often with lawyer-reviewed templates. Using a lawyer means meeting in person or virtually to draft a customized will. Online is faster and more affordable, while a lawyer allows for complex legal advice.
Here’s a breakdown of what each option looks like, and how to decide which one fits your life:
Online wills
- Use a platform like Willful to complete your will at home
- Guided step-by-step process (similar to tax software)
- Access templates created and reviewed by estate lawyers in your province
- Suitable for simple estates, or for those who don’t require personalized legal advice
Lawyer-drafted wills
- Meet with a lawyer
- Get personalized legal advice, and add as much customization as needed
- Suitable for complex estates, blended families, or cross-border assets
In both cases, wills need to be printed, signed, and witnessed in order to make them legally valid, except in British Columbia, where wills can be signed electronically. Willful offers a paid virtual witnessing service for BC residents.
Legal/Practical Requirements Comparison
No matter how you decide to make your will, it has to meet provincial legal requirements to be valid. Most provinces still require a printed, signed copy and two witnesses, with some offering virtual witnessing.
Legal basics in Canada:
- You must be an adult of sound mind
- Your will must be in writing and signed
- You need two witnesses who are not beneficiaries and who do not benefit from the will in any way; these witnesses must also be adults of sound mind
Witnessing by province:
Each province may have specific requirements—such as lawyer involvement, identity checks, or technology standards—that must be followed for a will to be valid. Always check the current laws in your province.
Learn more about Digital Wills and Bill 21 in BC.
What a lawyer can help with
If you have a more complex situation, a lawyer can provide personalized advice and create a custom will. They can add special clauses, set up trusts, handle cross-border assets, and help you plan for taxes or avoid disputes down the road.
Legal Requirements: At a Glance
*In British Columbia, Willful can help you execute your will through our paid virtual witnessing service. In Ontario, Willful can help you execute your will at home through NotaryPro’s Virtual Witnessing service.
**Willful supports common estate planning needs, including basic testamentary trusts (e.g. for children or beneficiaries under a certain age). For more complex custom clauses, like Henson trusts, dual wills, or tax-specific provisions, you’ll want to speak to a lawyer. Read Specific Situations Where Willful May Or May Not Be A Fit For You to learn more.
Cost, Time & Convenience
Creating a will isn’t just a financial decision. It’s also about your time, convenience, and how you want to manage your estate planning process in a way that works for you.
Here’s how writing a will online with Willful compares to going to a lawyer in person:
While an online will can be completed the same day, a lawyer’s process often requires multiple meetings and coordination, which can be difficult if your schedule is tight or you live in a remote area. Updates to your will through a lawyer also involve additional costs and delays.
Online platforms like Willful are designed to make estate planning more accessible from anywhere in Canada.
Looking for more details? Check out our cost comparison guide or review insights from Canadian Lawyer Mag and other legal cost surveys.
Risks, Pitfalls & When Online Option Fails
If you have complexity to your situation, if you need customized legal advice, or if you're concerned there will be family contention around your estate, you may want to speak with a lawyer.
“If you have any kind of complex situation (businesses, trusts, ex-spouses), you really want a lawyer.” — Reddit user
Common mistakes with online wills:
- Forgetting to follow provincial witnessing rules
- Leaving out key assets or dependents
- Using vague or unclear language
- Assuming a digital signature is enough in every province
- No legal review or customization for your family’s needs
These are some of the most common errors flagged by estate lawyers and probate experts, Miltons Estate Law and other legal experts.
When a lawyer is strongly recommended:
- You have a blended family or dependents with special needs
- You own property in multiple provinces or countries
- You want to set up a living trust, or you want to involve your financial advisor or accountant to discuss tax planning
- You want to create a secondary will for corporate assets or foreign property
- There’s potential for family conflict or disputes
If any of these sound like they could apply to you, you may want to consider tailored legal advice to make sure your wishes are outlined correctly.
Decision Framework: Which Option Suits You?
Not sure which path is right for you? The best choice depends on your life stage, how complex your estate is, and how comfortable you are navigating legal documents on your own.
Here’s a quick guide to help you decide:
Still feeling unsure? Try asking yourself:
- Am I comfortable without personalized legal advice?
- What’s more important to me, cost and convenience, or legal advice?
How to Execute Each Option Correctly
Whether you choose an online will platform or work with a lawyer, following the right steps will help make sure your will is legally valid and clearly reflects your wishes.
Steps for creating an online will
- Choose a reputable provider like Willful
- Complete the guided questionnaire
- Review your will for accuracy and clarity
- Print and sign your will (or e-sign if allowed in your province)
- Have it witnessed correctly based on your province’s rules
- Store your will in a safe place and let your executor know where to find it. When you use Willful, you can also register your will on the Willful Will Registry for free.
- Update it whenever your life circumstances change. With Willful, you simply make the changes on your account and then re-execute the will to revoke the prior, outdated version. Updates are free for life.
Steps for creating an in-person will
- Find a lawyer who specializes in estate planning. You can usually find a directory on the website of your province’s law society.
- Share personal details, assets, family structure, and wishes
- Review the drafted will together
- Sign the will with witnesses during an in-office meeting or virtually depending on your province
- Confirm whether the lawyer will store the original copy or whether you will store it.
- Make updates by scheduling an appointment with the same lawyer, typically they charge an hourly rate to make updates
Will Execution Checklist
Tips to avoid common mistakes
- Double-check your province’s witness and signature requirements. Willful provides clear instructions to accordance with provincial requirements.
- Make sure your executor knows where your will is stored
- Register your will (Willful offers a free will registry)
- Update your will after major life changes like marriage, divorce, or new children
- Don’t assume a digital signature is accepted; check provincial rules first
Final Thoughts
Creating a will isn’t one-size-fits-all. For many Canadians, a platform like Willful offers a fast, affordable option for simple estates. But when things get complex, legal advice can be worth the investment!
Think about your needs, your estate, and your comfort level, then choose the path that gives you the most peace of mind.
Start creating your will online today with Willful
Read what other Canadians have said on our reviews page, or find out more in our Learn Centre.
Learn more about our mission and values on the About Willful page.
Frequently Asked Questions (FAQ) about Wills in Canada
Still have questions? Visit our Support/FAQs.
