Making Legal Will in Canada Was Never Been This Simple

How Does One Draft a Legal Will in Canada

Last Updated - March 20th, 2024

Thinking about the future is a big deal in the world of managing your money, and crafting a will is like the cherry on top of that future-planning sundae! It’s not just about deciding who gets your prized collection of vintage comic books or your secret recipe for the world’s best lasagna. it’s about making sure your treasures and hard-earned goodies land in the right hands. So, while planning for a time when you’re not around might sound like fun, it’s actually a hero move for keeping the peace and making sure your cat doesn’t inherit everything. Unless that’s your thing, of course. Understanding how to form a legal will in Canada is critical, whether you are planning your estate for the first time or need to revise an existing one. This blog will make things easier by providing everything you need to know to make sure your assets are distributed according to your preferences.

Table of Contents

How Can a Will Be Made?

The exact steps you must follow may vary depending on how you choose to make your will and the province in which you live. However, these are the basic steps you should expect.

Pick How to Make Your Will

Making a will is a big deal, but remember, there’s more than one way to do it. In Canada, you can use a DIY will kit, write it yourself, use an online service, or get a lawyer’s help. Each way has its good points. Find the one that fits your needs best!

Choose Who’ll Handle Your Stuff

This person is called an executor. They make sure what you want happens after you’re gone. If you don’t pick someone, the court will, and it might not be who you choose, unfortunately.

Decide Who Gets What

Consider who you want to give your things to, like money or your house. Also, think about any special items you want certain people to have. If you don’t, the law will decide, and it might not be what you want.

Pick Who Looks After Your Kids and Pets

If you have kids or pets, choose someone to care for them if something happens to you and your partner. This makes sure they’re looked after the way you want.

Your Funeral Plans

You can indicate whether you prefer a burial or cremation and provide any other funeral details. This will help your family know what to do when the time comes.

Sign It Right

You have to sign your will the old-fashioned way with a pen, and so do two other people who watch you sign it. In British Columbia, though, you can do this part online.

Keep It Safe

Put your will somewhere safe but easy for your family to find when needed.

How To Obtain A Legal Will In Canada

Want to make sure that your belongings go to the people you choose after you die? Knowing that the rules of obtaining a legal will can be different from province to province in Canada. So, it’s important to know the basic guidelines for creating a legal will here! Firstly, remember that, except for British Columbia, you have to keep your will as a physical copy. This means you can’t keep it online. Also, you need to be of sound mind and over the age of majority in your province to create a legal will. But, in some cases, you can create a legal will even if you’re under the required age. For example, if you’re married, have kids, or are in the armed forces, if you decide to type your will, you must sign it in wet ink with two valid witnesses present. These witnesses must also sign the will to show they saw you sign it. The signatures must be at the very end of the will.

Is It Time to Write a Will?

Adults need a will, which is a plan for what happens to their stuff after they’re gone. Here are times when it’s especially important to make one:

- Whether you are engaged to be married, already married, or planning a wedding, your old will may no longer be valid unless you prepare it with your future spouse in mind.
- You live with someone as if you’re married to them but are not legally bound by law.
- If you have just separated from or divorced someone you were living with as if you were married or legally divorced. Some places state that if you divorce, the things you desire to leave to your ex will not go to them, while others say nothing changes.
- In the event that you possess one or more homes.
- If you are responsible for others, such as children.
- Possession of valuable items like jewellery or artwork.
- If you think your belongings cause arguments in your family after you’re gone.
- Whether you own investments or a business of your own.
- In case you want to help with your belongings after you’re not around.

Various Methods Of Creating A Will In Canada

It is not always necessary to hire a lawyer to create a will. As long as it follows certain rules, it is legally valid. There are four ways to make a will in Canada:

- Holographic Will: A handwritten will is signed and dated by the testator.
- Do-It-Yourself (DIY) Will Kit: A will kit provides a template for creating a will without a lawyer’s assistance.
- Online Will: Several websites allow you to create a will online. They provide a step-by-step process for expressing your preferences.
- Lawyer: Consulting a lawyer can be a good option for complex estates and those who want expert guidance in creating a will.

Conclusion

Making a will in Canada is not at all an intimidating task if you have a clear understanding of the different methods available, the legal requirements, and the right timing. Keep in mind that a will is not just a legal document; it’s a final expression of your care and consideration for the people and causes you cherish. By following the guidelines outlined in this blog, you can achieve peace of mind, knowing that your estate will be managed according to your desires. Don’t wait for the perfect moment; start now! Remember, the best time to make a will is always today.

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