Willful Capabilities & Limits

How Willful supports your estate planning goals

Estate planning scenarios covered by Willful, and when you may want to visit a lawyer

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Click on the scenarios below to discover how Willful makes creating your online will and power of attorney documents simple, and when additional legal advice may be the next step.

Is Willful right for your situation?

You might assume your situation is complex because you have a blended family, own a business, or want to leave your assets to several different people. Often, the deciding factor is whether an online tool is the right fit for your needs, or if your specific circumstances require a visit to a legal professional.

You can use Willful to create your will, even if you:

Have children from different relationships you want to leave something to
Want to stagger inheritances to minor children so they receive different percentages at different ages
Have cross-border assets or beneficiaries in other countries
Own a small business

Seek another option if:

You need a complex trust, like a spousal trust or Henson trust
You want to set ongoing conditions for a trust. While Willful supports holding funds in a testamentary trust until a specific age, it cannot help you give a life interest in an asset, or put other conditions on an inheritance (like graduating university)
You’re concerned about conflicting shareholder agreements regarding your business assets
You’re separated but not legally divorced and you don't have a separation agreement that clearly states your spouse renounces their rights to your estate, since you may still have legal obligations to your former spouse

Update my will

Appoint an executor

Leave cash, gifts,
or specific items

Leave something to charity

Divide the residue of my estate

Create a backup plan for my estate

Protect minor children

Protect my pets

Plan my future together with my spouse or partner

Plan for my blended family

Plan for my business

Organize things for my executor and loved ones

Outline my funeral and burial wishes

Pass on foreign or out-of-province assets

Create power of attorney documents

Click on the scenarios below to discover how Willful makes creating your online will and power of attorney documents simple, and when additional legal advice may be the next step.

Update my will

Willful makes it easy to update your will for free by creating a new version that replaces the old one. This can be helpful after life changes like moving provinces, updating beneficiaries, or choosing new guardians.

With Willful, you can:

Make free, unlimited updates
Create a new will that revokes an outdated version
Update your choices as life changes
Update your will after moving provinces without needing to consult a lawyer in your new province

Example

You move from Ontario to British Columbia and create a new Willful will for your new province, which revokes your earlier one.

Seek another option if:

You specifically want a codicil or addendum instead of executing a new document

Note: If you are moving provinces, adding a codicil is not recommended. Because estate laws vary by province, your existing will may no longer work as intended.

Example

You want to keep your old will in place and add only a short codicil, rather than signing a new will.

How updating your Willful will works

There are two ways to update a will: you can either add an amendment called a codicil (typically with the lawyer who drafted the initial will), or you can execute a new will that revokes the prior version.
Codicils, which can add complexity and legal fees to estate planning, aren’t supported by Willful.
With Willful, you execute a new version of your will that revokes the prior version, and it won't cost you a thing.

Learn more: codicils, amendments, and executing a new will

Appoint an executor

With Willful, you can appoint either a single executor or two joint co-executors. While we recommend choosing someone who lives in your province, you can appoint an executor who lives out of province or even out of the country (though this can mean more financial and tax considerations).

With Willful, you can:

Appoint an executor
Appoint two co-executors who must work jointly/together to manage your estate
Choose an executor in your province (suggested), or outside your province or country

Example

You appoint your sister, who lives in the UK, as your executor, understanding she may face extra administrative requirements, tax implications, or estate bond requests.

Seek another option if:

You want your co-executors to be able to act independently (Willful requires your co-executors to work together, so they can't make decisions independently or sign paperwork on their own)
You want to appoint a corporate executor or trust company to manage your estate
You want to outline specific executor compensation that is different from what they would be entitled to under provincial law
You want language requesting the court to waive an estate bond for out-of-province or out-of-country executors (be aware: even lawyer-drafted requests aren’t guaranteed and depend on the court’s discretion)

Example

You appoint your spouse (based in your province) and your sister (based in the UK) as co-executors. Because Willful requires co-executors to act jointly, coordinating physical signatures and travelling across countries could delay settling your estate.

What is an estate bond?

An estate bond is a financial guarantee that protects the estate and its beneficiaries in the event that the executor doesn’t handle the estate properly. It’s wise to choose your executor carefully, in the same province when possible.
Out-of-province or out-of-country executors may need to post an estate bond depending on the province, which can add cost and inconvenience. Willful doesn’t currently offer a clause asking the court to waive an estate bond (and even if it's in your will, courts evaluate these waiver requests on a case-by-case basis).
If you appoint an executor outside Canada, it changes the location of your estate for tax purposes. If you’re considering this path, it’s best to consult a tax expert first.

Learn more about how to choose an executor

Leave cash, gifts, or specific items

Willful makes it easy to leave money or personal items to specific people before the rest of your estate is distributed.

With Willful, you can:

Leave cash gifts
Pass down personal items like jewelry, art, antiques, or vehicles
Gift real estate assets
Leave as many gifts as you want for loved ones
Leave gifts to specific people, then distribute the rest of your estate separately

Example

You gift $10,000 to your sister, an antique watch to your brother, and your remaining estate to your daughter.

Seek another option if:

You want to leave a specific item to more than one person, for example leaving a cottage to two adult children
You want to stipulate conditions on someone receiving your gift

Example

Your nephew can only inherit your car if he finishes university.

Leaving specific gifts vs. the residue

Residue is the term for what’s remaining in your estate after funeral and burial expenses, debts, taxes, and specific gifts are fulfilled.
Specific gifts are paid out before the rest of your estate. If your estate doesn’t have enough funds to cover your debts, those gifts may be reduced.

Learn more about inheritances and leaving gifts in Canada

Leave something to charity

Leaving a legacy gift to a charity can be a thoughtful way to make a lasting impact on a meaningful organization.

With Willful, you can:

Leave a cash gift to a charity in your will
Leave a percentage of your residual estate to a charity
Include a cash gift to a charity as well as gifting cash or items to your loved ones
Stipulate that if none of the other beneficiaries you've named can inherit, your assets should go to charity

Example

You leave 10% of your estate to SickKids hospital and the remaining 90% to be distributed amongst your children.

Seek another option if:

You want to set conditions around how the charity must use your gift
You want to gift a specific asset, like real estate or a vehicle

Example

You want to donate $50,000 to a cancer charity but only if the charity uses it for a specific project.

How charitable gifts impact your estate taxes

Leaving a gift to a registered charity in your will can provide significant tax benefits for your estate.
Your executor will receive a charitable tax receipt that can be used to offset any taxes owed on your final tax return.

Learn more about legacy gifts

Divide the residue of my estate

After any specific gifts are distributed, you can decide who receives the rest of your estate and how it’s distributed.

With Willful, you can:

Leave your estate to one person, or distribute it among several beneficiaries
Leave assets to a minor to be held in trust until the age or ages you stipulate
Set age-based milestones for minor beneficiaries to receive their inheritance
Assign different percentage shares to different beneficiaries, or divide it equally
Name as many beneficiaries as you want

Example

You leave 40% of your residual estate to your oldest child, 40% to your youngest child when they turn 25, and 20% to your sister.

Seek another option if:

You want each minor in your will to receive their inheritances at different age-based milestones (e.g. one child at 18, another at 25) vs. one age for all minors named in your will
You want to add specifics about the conditions in a trust for a minor
You want to add conditions a beneficiary must meet before receiving their share
You want to disinherit someone (Willful allows you to state who you want to inherit, not who you want to exclude)

Example

You want Remi to receive their inheritance at 25, Emmy to receive theirs at 18, and Lenny’s share to be held in trust and paid out monthly if they maintain full-time employment.

Understanding inheritances vs. trusts

A will lets you leave the remainder of your estate to as many people as you like. Some people also consider a trust when they don’t want a beneficiary to receive their full share at once, or prefer it to be managed and distributed over time. There are different types of trusts, including testamentary and living trusts. A Willful will can trigger a testamentary trust to hold assets for minors and distribute them over time, though Willful does not handle other types of trusts. On the other hand, living trusts may help to bypass or reduce tax obligations. Importantly, a living trust does not replace a will; the two work together as part of a complete estate plan.

Learn more about the distribution of the residuary estate

Create a backup plan if someone can't inherit

Willful helps you decide what happens to your assets if one of your beneficiaries dies before you, dies at the same time as you, or is otherwise unable to inherit.

With Willful, you can:

Decide what happens to someone’s share if they can’t inherit (e.g. re-directing their share to their children, other beneficiaries, or another person or charity of your choice)
Customize your backup choice for each beneficiary

Example

If Ravi is unable to inherit his percentage of your estate, 50% of his share goes to Tim, and the other 50% is gifted to a pet rescue charity.

Seek another option if:

You want to use a complex trust, like a spousal trust or life interest trust, to pass on assets

Example

You want your partner to be able to live in your house until they pass, then you want your house to revert to your children.

Why back-ups are crucial

If a beneficiary dies before you and you haven’t named a backup, their share may be handled under provincial intestacy laws, which may not align with your wishes.

Learn more about back up beneficiaries, also known as contingent beneficiaries

Create a backup plan for my estate

Willful helps you decide what happens to your assets if one of your beneficiaries dies before you, dies at the same time as you, or is otherwise unable to inherit.

With Willful, you can:

Decide what happens to someone’s share if they can’t inherit (e.g. re-directing their share to their children, other beneficiaries, or another person or charity of your choice)
Customize your backup choice for each beneficiary

Example

If Ravi is unable to inherit his percentage of your estate, 50% of his share goes to Tim, and the other 50% is gifted to a pet rescue charity.

Seek another option if:

You want to use a complex trust, like a spousal trust or life interest trust, to pass on assets

Example

You want your partner to be able to live in your house until they pass, then you want your house to revert to your children.

Why back-ups are crucial

If a beneficiary dies before you and you haven’t named a backup, their share may be handled under provincial intestacy laws, which may not align with your wishes.

Learn more about back up beneficiaries, also known as contingent beneficiaries

Protect minor children

Willful lets you name a guardian for your children, and choose when children will receive their inheritance. If a beneficiary hasn’t reached the age(s) you selected when you pass away, their inheritance will be held in a testamentary trust until they reach the designated age(s).

With Willful, you can:

Name a guardian (and back-up guardians) for minor children
Hold inheritance in a trust until beneficiaries reach the age or ages you’ve chosen
Stagger their inheritance over several age milestones (for example, 50% at age 21, 50% at age 25)
Allow your executor, who also acts as the trustee, to use funds held in trust for the child’s benefit or release money to the guardian for the child’s care, if necessary
Ensure any registered education savings accounts (RESPs) continue after you pass

Example

Your child receives 50% of their inheritance at age 18, and the other 50% at age 25.

Seek another option if:

You want someone other than your executor managing your child’s inheritance, since your executor on Willful also acts as the trustee of any trusts
You want to appoint different guardians for each of your children
You need a specialized trust, like a Henson trust for a child with a disability

Example

Your child has a disability and may need a Henson trust to help protect their provincial disability benefits.

Guardianship and surviving parents

If you die while your child is still a minor and there’s no surviving parent or guardian with custody rights, then the guardian you appoint in your will would step in.
After 90 days, they would need to be formally appointed by the family court to act in your child’s interest.
If you have a complex family situation, you may want to speak to a family lawyer to make sure your will reflects your needs.

Learn more about what to consider when working on your estate plan as a parent

Protect my pets

With Willful, you can easily appoint someone to care for your pet and leave funds to support your pet’s care.

With Willful, you can:

Name a guardian or guardians for your pet
Leave money to the person who will care for your pet to pay for their ongoing care
Plan for any type of pet, including dogs, cats, birds, horses, and other animals

Example

You name your sister as your dog’s guardian and leave her $15,000 to help cover food, vet bills, and medication.

Seek another option if:

You want to be more specific about how money can be used for your pet’s care
You want more complex long-term oversight of the funds left for your pet
You want to add different guardians for each of your pets

Example

You want to set up an ongoing trust managed by a third party that issues monthly stipends specifically for premium veterinary care.

How pet guardian gifts work in a will

In the eyes of the law, pets are considered property.
Since you can’t leave money directly to a pet, a standard will lets you leave your pet’s guardianship to a trusted person, along with a cash gift to cover pet food, vet bills, and general care, if they assume care of the pet.

Learn more about how to plan for your pets in your will

Plan my future together with my spouse or partner

Many couples use Willful to leave everything to their partner first, while also putting a backup plan in place.

With Willful, you can:

Name your partner as executor
Leave your estate to your partner
Include stepchildren and biological children alongside your partner
Add a backup plan if your partner dies before you or at the same time as you
Create two separate wills with mirrored wishes (in Canada, wills are like tax returns - each individual should have one)
Update your wills as life circumstances change
Appoint your spouse to make financial and medical decisions on your behalf if you’re incapacitated
Plan together with jointly-owned assets, which would bypass the will and go directly to the other owner

Example

You leave everything to your partner in your will. If they die before you or at the same time as you, leave everything to your children.

Seek another option if:

You want a joint or mutual will that legally restricts future changes
You want the surviving partner to be unable to update their will later

Be aware: These products exist, but they’re uncommon and very restrictive

Example

You want a joint or mutual will that prevents your partner from updating their will if they were to remarry and/or update their wishes after you die.

Dependant support claims and legal rights

Spouses and financially dependent children may have legal rights or support claims against the estate.
If someone wants to leave a spouse or financially dependent child out of their will, or leave them less than they would be legally entitled to, they should speak with a professional as this may affect the validity or administration of the estate plan.

Learn more: How can spouses simplify estate planning?

Learn more: How does estate planning work for common law couples?

Plan for my blended family

Willful can support leaving gifts and assets to a partner, children, step-children, and more. What matters most is whether you’re comfortable leaving assets outright, or if you’d like more certainty around what happens after your partner inherits.

With Willful, you can:

Decide whether your partner receives everything or whether children inherit directly as well
Set up specific gifts and share the rest in a way that makes sense for your family
Leave assets to your partner, children, step-children, and more
Plan in tandem with jointly-owned assets, which would bypass the will and go directly to the other owner

Example

You leave your house to your partner, a car to a child from a previous relationship, and divide the rest of your estate equally between both of them.

Seek another option if:

You’re worried your children could be cut out of their inheritance later - in this case, you may want to consider a spousal trust, which puts limits on how a partner can use assets, and reverts them to your children when they die
You want to give your partner a life interest in an asset, then have it revert to your children
You’re worried that assets left outright to a partner may later be used or passed on in ways you didn’t intend
You're separated and haven't finalized your separation agreement, and may still have legal obligations to your former spouse

Example

You want your current partner to live in your house for the rest of their life, but then make sure the house passes to the children from your first marriage when your current partner dies.

When a spousal trust may be worth considering

If you leave everything outright to your partner, and you pass away first, those assets become theirs to control.
They may later change their own will to make different estate planning decisions.
If your goal is to support your partner during their lifetime while also helping protect what should later go to your children, an outright gift may not always reflect that.

Learn more about estate planning for blended families

Plan for my business

If you own a business or are a shareholder, Willful helps you plan for what happens to those assets. See exactly what you can achieve, along with a few exceptions that may need professional legal advice.

With Willful, you can:

Include your business interests in your estate plan - this includes holding shares of public or private companies
Include private company shares in your will
Leave shares directly to a named beneficiary, or include them in your residuary estate
Give your executor the authority to handle your business interests when you pass away

Example

You leave 100% of the shares in your business to your business partner.

Seek another option if:

You have a shareholders agreement dictating what happens to your shares and it conflicts with the wishes in a standard will
You want a secondary will to help reduce probate fees on private business assets (this usually matters when probate savings are a major concern, since probate fees are modest for many people)

Example

You need your will to align with a shareholder agreement, or you want to use a second will to reduce probate fees on your business shares.

When business owners consider a secondary will (also known as dual will)

Probate fees are based on the value of your estate, so the larger your estate, the higher the fees; for many people, these fees are still relatively modest.
A second will may make sense if you want to reduce probate on private company shares; this is usually set up with a lawyer.
Find a detailed breakdown on probate fees by province here.

Learn more about what to consider when creating a will as a business owner

Organize things for my executor and loved ones

Willful’s estate inventory helps you organize what you own and where important information can be found, so your executor and loved ones aren’t left guessing.

With Willful, you can:

List your assets and liabilities in one place
Help your executor understand what exists and where to find it
Outline key contacts like financial advisors and insurance brokers
Give your executor the authority to deal with digital assets

Example

When you pass away, your executor will be able to to review your estate inventory, where you’ve clearly listed your property, bank accounts, insurance policies, and digital account information, along with where everything can be found.

What to know about your estate inventory vs. your will

Estate inventories are supporting planning documents, not a legal document. It complements, not replaces, your will
Assigning a specific asset to someone still needs to be completed in your will
Your estate inventory doesn’t include passwords or account access information, so you may want to use a password manager or share access separately

Outline my funeral and burial wishes

With Willful, you can outline your preferences for your final resting place and ceremony, giving your loved ones clear guidance on your final wishes.

With Willful, you can:

Record your final resting place wishes
Share preferences for your ceremony
Leave clear instructions for your loved ones
Record additional instructions separately from your will

Example

You clearly outline your wishes to be cremated, followed by a small, private ceremony.

What to know about funeral and burial instructions

Funeral and burial instructions are not a legally binding part of your will, so you can record any additional wishes outside your will
You don’t need to visit a lawyer to create your funeral and burial wishes
Your executor or next of kin may still be the person with legal authority to make final decisions

Why should you share funeral and burial wishes?

While funeral and burial wishes aren’t legal obligations, they’re incredibly helpful for your grieving family and remove the burden of guesswork during an emotional time.

Learn more: how to plan your own funeral

Pass on foreign or out-of-province assets

With Willful, you can include assets held anywhere in the world, like bank accounts, investments, and real estate. However, real estate in another jurisdiction will still need to go through probate in that area.

With Willful, you can:

Include assets located outside Canada in your will
Cover foreign real estate, investments, and other assets in the same will
Use one will to document how those assets should be passed on

Example

You have investment accounts in the UK and Canada. Your Willful will covers accounts in both countries - since the investments aren’t real estate, they generally won’t require a second probate process abroad.

Seek another option if:

You own real estate out of your province or out of the country and you want to create dual wills across jurisdictions to speed up estate settlement

Example

You own a condo in Florida. Your Willful will can cover it, but because it’s real estate, your executor may still need to go through probate in Florida after probate finishes in Canada.

Why foreign real estate can slow probate

While out-of-province bank accounts are generally straightforward, real estate usually has to go through probate in the jurisdiction where it's located.
This means probate in Canada may happen first, followed by probate where the property is located, which can slow things down.
Willful wills are meant to be your only will: they contain a revocation clause, meaning a Willful will overrides prior wills.
If you want to maintain multiple wills across jurisdictions (dual wills), then Willful isn’t the right fit, and you should speak with professionals in both places.

Learn more: Is Willful the right fit for me?

Create power of attorney documents

Appointing someone to make healthcare decisions if you’re unable to

You can create a medical directive to give someone you trust the power to make medical decisions on your behalf. This document is often called a Power of Attorney for Personal Care, but has different names across provinces (Health Care Directive, Personal Directive, Representation Agreement, among others).

With Willful, you can:

Appoint someone to make healthcare or personal care decisions if you’re incapacitated
Add back-up decision-makers
Share specific wishes about life-extending measures and pain management

Example

You appoint your partner to make medical decisions on your behalf, with your sibling as a back-up.

Seek another option if:

You want to include specific healthcare wishes beyond pain management and life-extending measures
You want to appoint two people (co-attorneys) to make joint healthcare decisions

Example

You want highly customized healthcare instructions beyond the specific life-extending and pain-management wishes that Willful captures.

Availability by province

Power of Attorney documents for health and personal care are available in all Canadian provinces except Quebec, and are included in Premium Coverage and Premium x 2 plans.

Learn more about power of attorney

Appointing someone to make financial decisions if you’re unable to

In the event you’re incapacitated, appoint someone you trust to manage your finances and property on your behalf. This document is often called Power of Attorney for Property, but has different names across provinces.

With Willful, you can:

Appoint someone to manage your property and finances if you’re incapacitated
Add back-up decision-makers
Allow the person you designated to deal with bills, banking, benefits, and property matters
Decide whether the document comes into effect immediately or only upon incapacity

Example

You appoint your spouse to manage your bank accounts and pay your bills if you’re in the hospital.

Seek another option if:

You want to appoint co-attorneys instead of one individual
You want to include compensation beyond reasonable expenses

Be aware: Banks may ask you to fill out their own POA forms for assets held with their institution (though they can’t force you to use their forms).

Example

You want to ensure your attorney receives compensation of $1,000/month for managing your affairs, on top of reimbursements for reasonable expenses.

Availability by province

Power of Attorney documents for property and finance are available in all provinces supported by Willful except Quebec, and are only included in Premium Coverage and Premium x 2 plans.

Learn more about power of attorney

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Good to know

Assets that bypass your estate

It is important to remember that not every asset or account you own will automatically become part of your estate. Certain assets pass directly to a co-owner or a designated individual.

Here are some common examples:

Jointly-Owned Property: A home owned jointly (with the right of survivorship) transfers directly to the surviving co-owner
Joint Bank Accounts: The funds typically pass directly to the surviving account holder
Life Insurance Policies: Policies with a specifically named beneficiary pay out directly to that person
Registered Accounts: Any RRSP, TFSA, or RRIF where you have directly named a beneficiary

Exception for Quebec Residents: In Quebec, you cannot name beneficiaries directly on registered accounts. These accounts must be included in your will to be distributed properly.

Planning tip

Keep these out-of-estate items in mind when deciding how you want to distribute the rest of your assets. Because they bypass your will, they can significantly impact the overall balance of your estate planning strategy.

Helpful terms

Special gifts

Money, items, or charitable gifts that are distributed first

Example

You gift $10,000 to your cousin.

Residual estate

What’s left after debts, taxes, and specific gifts are distributed

Example

After debts and taxes, your residual estate is split 50/50 between your two children.

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Update my will

With Willful, you can:

Make free, unlimited updates
Create a new will that revokes an outdated version
Update your choices as life changes
Update your will after moving provinces without needing to consult a lawyer in your new province

Example

You move from Ontario to British Columbia and create a new Willful will for your new province, which revokes your earlier one.

Seek another option if:

You specifically want a codicil or addendum instead of executing a new document

Note: If you are moving provinces, adding a codicil is not recommended. Because estate laws vary by province, your existing will may no longer work as intended.

Example

You want to keep your old will in place and add only a short codicil, rather than signing a new will.

How updating your Willful will works

There are two ways to update a will: you can either add an amendment called a codicil (typically with the lawyer who drafted the initial will), or you can execute a new will that revokes the prior version.
Codicils, which can add complexity and legal fees to estate planning, aren’t supported by Willful.
With Willful, you execute a new version of your will that revokes the prior version, and it won't cost you a thing.

Learn more: codicils, amendments, and executing a new will

Appoint an executor

With Willful, you can:

Appoint an executor
Appoint two co-executors who must work jointly/together to manage your estate
Choose an executor in your province (suggested), or outside your province or country

Example

You appoint your sister, who lives in the UK, as your executor, understanding she may face extra administrative requirements, tax implications, or estate bond requests.

Seek another option if:

You want your co-executors to be able to act independently (Willful requires your co-executors to work together, so they can't make decisions independently or sign paperwork on their own)
You want to appoint a corporate executor or trust company to manage your estate
You want to outline specific executor compensation that is different from what they would be entitled to under provincial law
You want language requesting the court to waive an estate bond for out-of-province or out-of-country executors (be aware: even lawyer-drafted requests aren’t guaranteed and depend on the court’s discretion)

Example

What is an estate bond?

An estate bond is a financial guarantee that protects the estate and its beneficiaries in the event that the executor doesn’t handle the estate properly. It’s wise to choose your executor carefully, in the same province when possible.
Out-of-province or out-of-country executors may need to post an estate bond depending on the province, which can add cost and inconvenience. Willful doesn’t currently offer a clause asking the court to waive an estate bond (and even if it's in your will, courts evaluate these waiver requests on a case-by-case basis).
If you appoint an executor outside Canada, it changes the location of your estate for tax purposes. If you’re considering this path, it’s best to consult a tax expert first.

Learn more about how to choose an executor

Leaving cash, gifts, or specific items

Willful makes it easy to leave money or personal items to specific people before the rest of your estate is distributed.

With Willful, you can:

Leave cash gifts
Pass down personal items like jewelry, art, antiques, or vehicles
Gift real estate assets
Leave as many gifts as you want for loved ones
Leave gifts to specific people, then distribute the rest of your estate separately

Example

You gift $10,000 to your sister, an antique watch to your brother, and your remaining estate to your daughter.

Seek another option if:

You want to leave a specific item to more than one person, for example leaving a cottage to two adult children
You want to stipulate conditions on someone receiving your gift

Example

Your nephew can only inherit your car if he finishes university.

Leaving specific gifts vs. the residue

Residue is the term for what’s remaining in your estate after funeral and burial expenses, debts, taxes, and specific gifts are fulfilled.
Specific gifts are paid out before the rest of your estate. If your estate doesn’t have enough funds to cover your debts, those gifts may be reduced.

Learn more about inheritances and leaving gifts in Canada

Leaving something to charity

Leaving a legacy gift to a charity can be a thoughtful way to make a lasting impact on a meaningful organization.

With Willful, you can:

Leave a cash gift to a charity in your will
Leave a percentage of your residual estate to a charity
Include a cash gift to a charity as well as gifting cash or items to your loved ones
Stipulate that if none of the other beneficiaries you've named can inherit, your assets should go to charity

Example

You leave 10% of your estate to SickKids hospital and the remaining 90% to be distributed amongst your children.

Seek another option if:

You want to set conditions around how the charity must use your gift
You want to gift a specific asset, like real estate or a vehicle

Example

You want to donate $50,000 to a cancer charity but only if the charity uses it for a specific project.

How charitable gifts impact your estate taxes

Leaving a gift to a registered charity in your will can provide significant tax benefits for your estate.
Your executor will receive a charitable tax receipt that can be used to offset any taxes owed on your final tax return.

Learn more about legacy gifts

Dividing the residue of my estate

After any specific gifts are distributed, you can decide who receives the rest of your estate and how it’s distributed.

With Willful, you can:

Leave your estate to one person, or distribute it among several beneficiaries
Leave assets to a minor to be held in trust until the age or ages you stipulate
Set age-based milestones for minor beneficiaries to receive their inheritance
Assign different percentage shares to different beneficiaries, or divide it equally
Name as many beneficiaries as you want

Example

You leave 40% of your residual estate to your oldest child, 40% to your youngest child when they turn 25, and 20% to your sister.

Seek another option if:

You want each minor in your will to receive their inheritances at different age-based milestones (e.g. one child at 18, another at 25) vs. one age for all minors named in your will
You want to add specifics about the conditions in a trust for a minor
You want to add conditions a beneficiary must meet before receiving their share
You want to disinherit someone (Willful allows you to state who you want to inherit, not who you want to exclude)

Example

You want Remi to receive their inheritance at 25, Emmy to receive theirs at 18, and Lenny’s share to be held in trust and paid out monthly if they maintain full-time employment.

Understanding inheritances vs. trusts

A will lets you leave the remainder of your estate to as many people as you like. Some people also consider a trust when they don’t want a beneficiary to receive their full share at once, or prefer it to be managed and distributed over time. There are different types of trusts, including testamentary and living trusts. A Willful will can trigger a testamentary trust to hold assets for minors and distribute them over time, though Willful does not handle other types of trusts. On the other hand, living trusts may help to bypass or reduce tax obligations. Importantly, a living trust does not replace a will; the two work together as part of a complete estate plan.

Learn more about the distribution of the residuary estate

Creating a backup plan if someone can’t inherit

Willful helps you decide what happens to your assets if one of your beneficiaries dies before you, dies at the same time as you, or is otherwise unable to inherit.

With Willful, you can:

Decide what happens to someone’s share if they can’t inherit (e.g. re-directing their share to their children, other beneficiaries, or another person or charity of your choice)
Customize your backup choice for each beneficiary

Example

If Ravi is unable to inherit his percentage of your estate, 50% of his share goes to Tim, and the other 50% is gifted to a pet rescue charity.

Seek another option if:

You want to use a complex trust, like a spousal trust or life interest trust, to pass on assets

Example

You want your partner to be able to live in your house until they pass, then you want your house to revert to your children.

Why back-ups are crucial

If a beneficiary dies before you and you haven’t named a backup, their share may be handled under provincial intestacy laws, which may not align with your wishes.

Learn more about back up beneficiaries, also known as contingent beneficiaries

Protecting minor children

With Willful, you can:

Name a guardian (and back-up guardians) for minor children
Hold inheritance in a trust until beneficiaries reach the age or ages you’ve chosen
Stagger their inheritance over several age milestones (for example, 50% at age 21, 50% at age 25)
Allow your executor, who also acts as the trustee, to use funds held in trust for the child’s benefit or release money to the guardian for the child’s care, if necessary
Ensure any registered education savings accounts (RESPs) continue after you pass

Example

Your child receives 50% of their inheritance at age 18, and the other 50% at age 25.

Seek another option if:

You want someone other than your executor managing your child’s inheritance, since your executor on Willful also acts as the trustee of any trusts
You want to appoint different guardians for each of your children
You need a specialized trust, like a Henson trust for a child with a disability

Example

Your child has a disability and may need a Henson trust to help protect their provincial disability benefits.

Guardianship and surviving parents

If you die while your child is still a minor and there’s no surviving parent or guardian with custody rights, then the guardian you appoint in your will would step in.
After 90 days, they would need to be formally appointed by the family court to act in your child’s interest.
If you have a complex family situation, you may want to speak to a family lawyer to make sure your will reflects your needs.

Learn more about what to consider when working on your estate plan as a parent

Protecting pets

With Willful, you can easily appoint someone to care for your pet and leave funds to support your pet’s care.

With Willful, you can:

Name a guardian or guardians for your pet
Leave money to the person who will care for your pet to pay for their ongoing care
Plan for any type of pet, including dogs, cats, birds, horses, and other animals

Example

You name your sister as your dog’s guardian and leave her $15,000 to help cover food, vet bills, and medication.

Seek another option if:

You want to be more specific about how money can be used for your pet’s care
You want more complex long-term oversight of the funds left for your pet
You want to add different guardians for each of your pets

Example

You want to set up an ongoing trust managed by a third party that issues monthly stipends specifically for premium veterinary care.

How pet guardian gifts work in a will

In the eyes of the law, pets are considered property.
Since you can’t leave money directly to a pet, a standard will lets you leave your pet’s guardianship to a trusted person, along with a cash gift to cover pet food, vet bills, and general care, if they assume care of the pet.

Learn more about how to plan for your pets in your will

Planning your future with your spouse or common-law partner

Many couples use Willful to leave everything to their partner first, while also putting a backup plan in place.

With Willful, you can:

Name your partner as executor
Leave your estate to your partner
Include stepchildren and biological children alongside your partner
Add a backup plan if your partner dies before you or at the same time as you
Create two separate wills with mirrored wishes (in Canada, wills are like tax returns - each individual should have one)
Update your wills as life circumstances change
Appoint your spouse to make financial and medical decisions on your behalf if you’re incapacitated
Plan together with jointly-owned assets, which would bypass the will and go directly to the other owner

Example

You leave everything to your partner in your will. If they die before you or at the same time as you, leave everything to your children.

Seek another option if:

You want a joint or mutual will that legally restricts future changes
You want the surviving partner to be unable to update their will later

Be aware: These products exist, but they’re uncommon and very restrictive

Example

You want a joint or mutual will that prevents your partner from updating their will if they were to remarry and/or update their wishes after you die.

Dependant support claims and legal rights

Spouses and financially dependent children may have legal rights or support claims against the estate.
If someone wants to leave a spouse or financially dependent child out of their will, or leave them less than they would be legally entitled to, they should speak with a professional as this may affect the validity or administration of the estate plan.

Learn more: How can spouses simplify estate planning?

Learn more: How does estate planning work for common law couples?

Planning for your blended family

With Willful, you can:

Decide whether your partner receives everything or whether children inherit directly as well
Set up specific gifts and share the rest in a way that makes sense for your family
Leave assets to your partner, children, step-children, and more
Plan in tandem with jointly-owned assets, which would bypass the will and go directly to the other owner

Example

You leave your house to your partner, a car to a child from a previous relationship, and divide the rest of your estate equally between both of them.

Seek another option if:

You’re worried your children could be cut out of their inheritance later - in this case, you may want to consider a spousal trust, which puts limits on how a partner can use assets, and reverts them to your children when they die
You want to give your partner a life interest in an asset, then have it revert to your children
You’re worried that assets left outright to a partner may later be used or passed on in ways you didn’t intend
You're separated and haven't finalized your separation agreement, and may still have legal obligations to your former spouse

Example

You want your current partner to live in your house for the rest of their life, but then make sure the house passes to the children from your first marriage when your current partner dies.

When a spousal trust may be worth considering

If you leave everything outright to your partner, and you pass away first, those assets become theirs to control.
They may later change their own will to make different estate planning decisions.
If your goal is to support your partner during their lifetime while also helping protect what should later go to your children, an outright gift may not always reflect that.

Learn more about estate planning for blended families

Planning as a business owner

With Willful, you can:

Include your business interests in your estate plan - this includes holding shares of public or private companies
Include private company shares in your will
Leave shares directly to a named beneficiary, or include them in your residuary estate
Give your executor the authority to handle your business interests when you pass away

Example

You leave 100% of the shares in your business to your business partner.

Seek another option if:

You have a shareholders agreement dictating what happens to your shares and it conflicts with the wishes in a standard will
You want a secondary will to help reduce probate fees on private business assets (this usually matters when probate savings are a major concern, since probate fees are modest for many people)

Example

You need your will to align with a shareholder agreement, or you want to use a second will to reduce probate fees on your business shares.

When business owners consider a secondary will (also known as dual will)

Probate fees are based on the value of your estate, so the larger your estate, the higher the fees; for many people, these fees are still relatively modest.
A second will may make sense if you want to reduce probate on private company shares; this is usually set up with a lawyer.
Find a detailed breakdown on probate fees by province here.

Learn more about what to consider when creating a will as a business owner

Organizing things for your executor and loved ones

Willful’s estate inventory helps you organize what you own and where important information can be found, so your executor and loved ones aren’t left guessing.

With Willful, you can:

List your assets and liabilities in one place
Help your executor understand what exists and where to find it
Outline key contacts like financial advisors and insurance brokers
Give your executor the authority to deal with digital assets

Example

What to know about your estate inventory vs. your will

Estate inventories are supporting planning documents, not a legal document. It complements, not replaces, your will
Assigning a specific asset to someone still needs to be completed in your will
Your estate inventory doesn’t include passwords or account access information, so you may want to use a password manager or share access separately

Outlining your funeral and burial wishes

With Willful, you can outline your preferences for your final resting place and ceremony, giving your loved ones clear guidance on your final wishes.

With Willful, you can:

Record your final resting place wishes
Share preferences for your ceremony
Leave clear instructions for your loved ones
Record additional instructions separately from your will

Example

You clearly outline your wishes to be cremated, followed by a small, private ceremony.

What to know about funeral and burial instructions

Funeral and burial instructions are not a legally binding part of your will, so you can record any additional wishes outside your will
You don’t need to visit a lawyer to create your funeral and burial wishes
Your executor or next of kin may still be the person with legal authority to make final decisions

Why should you share funeral and burial wishes?

While funeral and burial wishes aren’t legal obligations, they’re incredibly helpful for your grieving family and remove the burden of guesswork during an emotional time.

Learn more: how to plan your own funeral

Passing on foreign or out-of-province assets

With Willful, you can:

Include assets located outside Canada in your will
Cover foreign real estate, investments, and other assets in the same will
Use one will to document how those assets should be passed on

Example

Seek another option if:

You own real estate out of your province or out of the country and you want to create dual wills across jurisdictions to speed up estate settlement

Example

You own a condo in Florida. Your Willful will can cover it, but because it’s real estate, your executor may still need to go through probate in Florida after probate finishes in Canada.

Why foreign real estate can slow probate

While out-of-province bank accounts are generally straightforward, real estate usually has to go through probate in the jurisdiction where it's located.
This means probate in Canada may happen first, followed by probate where the property is located, which can slow things down.
Willful wills are meant to be your only will: they contain a revocation clause, meaning a Willful will overrides prior wills.
If you want to maintain multiple wills across jurisdictions (dual wills), then Willful isn’t the right fit, and you should speak with professionals in both places.

Learn more: Is Willful the right fit for me?

Creating power of attorney documents

Appointing someone to make healthcare decisions if you’re unable to

With Willful, you can:

Appoint someone to make healthcare or personal care decisions if you’re incapacitated
Add back-up decision-makers
Share specific wishes about life-extending measures and pain management

Example

You appoint your partner to make medical decisions on your behalf, with your sibling as a back-up.

Seek another option if:

You want to include specific healthcare wishes beyond pain management and life-extending measures
You want to appoint two people (co-attorneys) to make joint healthcare decisions

Example

You want highly customized healthcare instructions beyond the specific life-extending and pain-management wishes that Willful captures.

Availability by province

Power of Attorney documents for health and personal care are available in all Canadian provinces except Quebec, and are included in Premium Coverage and Premium x 2 plans.

Learn more about power of attorney

Appointing someone to make financial decisions if you’re unable to

With Willful, you can:

Appoint someone to manage your property and finances if you’re incapacitated
Add back-up decision-makers
Allow the person you designated to deal with bills, banking, benefits, and property matters
Decide whether the document comes into effect immediately or only upon incapacity

Example

You appoint your spouse to manage your bank accounts and pay your bills if you’re in the hospital.

Seek another option if:

You want to appoint co-attorneys instead of one individual
You want to include compensation beyond reasonable expenses

Be aware: Banks may ask you to fill out their own POA forms for assets held with their institution (though they can’t force you to use their forms).

Example

You want to ensure your attorney receives compensation of $1,000/month for managing your affairs, on top of reimbursements for reasonable expenses.

Availability by province

Power of Attorney documents for property and finance are available in all provinces supported by Willful except Quebec, and are only included in Premium Coverage and Premium x 2 plans.

Learn more about power of attorney

Good to know

Jointly-Owned Property: A home owned jointly (with the right of survivorship) transfers directly to the surviving co-owner
Joint Bank Accounts: The funds typically pass directly to the surviving account holder
Life Insurance Policies: Policies with a specifically named beneficiary pay out directly to that person
Registered Accounts: Any RRSP, TFSA, or RRIF where you have directly named a beneficiary

Exception for Quebec Residents: In Quebec, you cannot name beneficiaries directly on registered accounts. These accounts must be included in your will to be distributed properly.

Planning tip

Helpful terms

Special gifts

Money, items, or charitable gifts that are distributed first

Example

You gift $10,000 to your cousin.

Residual estate

What’s left after debts, taxes, and specific gifts are distributed

Example

After debts and taxes, your residual estate is split 50/50 between your two children.

Start my online will →

I want to...

Update my will

Appoint an executor

Leave cash, gifts, or specific items

Leave something to charity

Divide the residue of my estate

Create a backup plan for my estate

Protect minor children

Protect my pets

Plan my future together with my spouse or partner

Plan for my blended family

Plan for my business

Organize things for my executor and loved ones

Outline my funeral and burial wishes

Pass on foreign or out-of-province assets

Create power of attorney documents

Is Willful right for you?

You can use Willful to create your will, even if you:

Have children from different relationships you want to leave something to
Want to stagger inheritances to minor children so they receive different percentages at different ages
Have cross-border assets or beneficiaries in other countries
Own a small business

Seek another option if:

You need a complex trust, like a spousal trust or Henson trust
You want to set ongoing conditions for a trust. While Willful supports holding funds in a testamentary trust until a specific age, it cannot help you give a life interest in an asset, or put other conditions on an inheritance (like graduating university)
You’re concerned about conflicting shareholder agreements regarding your business assets
You’re separated but not legally divorced and you don't have a separation agreement that clearly states your spouse renounces their rights to your estate, since you may still have legal obligations to your former spouse

Frequently asked questions

Are online wills legal in Canada?

Yes. An online will made with a platform like Willful is legal in Canada. However, there are some steps that need to be taken in order for it to meet the criteria for a legal will in Canada. Each Willful will comes with detailed instructions for signing and witnessing so you can feel confident that you have a legally-valid will.

What happens if I die without a will?

A person who dies without a will is called an intestate, and most people don’t know what happens if you die without one. It’s a common myth that the government can claim your money and assets, but it’s not true. They do have the ability to have a say in how your assets or estate gets divided between family members. Creating a will also means you can control how your assets are distributed to beneficiaries over time, instead of children receiving a lump sum when they turn 18.

Read the full article in our Learn Centre

Do I need a lawyer to draft my will?

You don’t need a lawyer to draft your will. In Canada, as long as the will is in writing, signed by you and two adult witnesses who are present at the same time, it’s legally valid. The signed original should be stored safely where your executor or family can access it. However, if your estate is complex, consulting a lawyer may be a good idea.

Read the full article in our Learn Centre

Why can't I sign and store my will online?

While most Canadian provinces require wills to be printed, signed, and stored as hard copies, British Columbia does allow for wills to be signed and stored electronically. We’re working to expand this option across Canada, but for now, customers in other provinces need to follow the traditional process to ensure their will is legally binding.

How do power of attorney and related documents differ from last wills?

Power of attorney documents govern your personal, medical, legal, and financial life *before* you pass away. In contrast, your Last will and testament only takes effect *after* you die. Willful Power of attorney documents are intended to be used in a personal accident or medical emergency on your behalf. In a legal sense, their powers 'endure' beyond your mental incapacity.

Read the full article in our Learn Centre

If I have a complex estate can I still use Willful?

Willful is designed for all Canadian adults, whether they have assets or not. While Willful is a great fit for most Canadians, some estates may be too complex for our platform.

What provinces is Willful available in?

Creating a legal will involves abiding with provincial and territorial laws. We are working with our team of estate lawyers to expand across Canada.

Right now our wills are available to residents of all Canadian provinces, including Ontario, Alberta, B.C., Manitoba, New Brunswick, Newfoundland, PEI, Nova Scotia and Saskatchewan.

We are also available to residents of Quebec.
Visit our site for Quebec residents →

Willful features at a glance

Willful  
benefits

Free, unlimited updates

Legal documents tailored to Canadian provincial laws

Human support

30-day money back guarantee

Planning while
you’re alive

Power of attorney (POA) for property*  (Manage finances/bills)

Power of attorney (POA) for healthcare*  (Medical decisions)

Custom medical wishes (Life-support/pain relief)

Appoint backup decision-makers

Choose when your POA starts (immediately vs. upon incapacity)

Co-attorneys for a POA

Planning your legacy (your will)

Beneficiaries & Distributions in a Will

Appoint several beneficiaries

Designate specific gifts (cash, items, real estate, or business shares)

Allocate custom percentage shares of your estate

Appoint backups or contingent beneficiaries

Leave legacy charitable gifts

Pass on foreign or out-of-province assets**

Children & Guardianship in a Will

Appoint a guardian (or co-guardians) for all minor children

Hold inheritance in a testamentary trust until beneficiaries reach the age(s) you’ve chosen

Stagger inheritances at milestones

Protection for RESPs

Appoint different guardians

Set unique inheritance ages for each child

Separate trustee from executor

Executors

Appoint an executor

Appoint co-executors who must act jointly

Give executors authority to access digital assets

Appoint a corporate/trust company executor

Pets

Appointing a guardian or guardians for pets

Leave funds for your pets' care

Other Estate Planning Tools

Funeral or burial wishes

Listing your estate inventory

* Available with Premium or Premium x2, which are not available in Quebec
** You may want to be aware of possible estate settlement delays