A young person’s guide to writing a Will

Most young adults assume Wills are only for older, wealthy people. The common public misconception about Wills stands as the most dangerous myth which endangers estate planning. You must create a Will when you reach 18 years of age and possess any valuable items which include bank accounts and vehicles and digital assets and personal property.

Young Canadians need to create Wills because these documents protect their vital interests which affect their future survival.

• You have complete authority to decide what will happen with your assets because provincial intestacy laws determine asset distribution when someone dies without creating a Will. Your partner (if not legally married), close friends, or favourite charity will receive nothing unless you specify it in a Will.
• You hold the power to select who will manage your estate through your Will. The court will select an administrator when there is no Will but this person might not match your preferred choice.
• You protect your common-law partner. In most Canadian provinces, common-law partners have limited or no automatic inheritance rights. The only method to protect your partner from dying without marriage requires you to create a Will.
• Young adults maintain extensive digital asset collections which include cryptocurrency holdings and social media profiles and online business operations and digital photographs and streaming service accounts. A Will can include instructions for managing these.

The minimum age to write a legally valid Will varies by province:

A person should develop a Will before they reach their eighteenth or nineteenth birthday because they will need it when they start college and begin working and when they begin their first romantic relationship.

You can create a simple Will which does not need to have complex elements. A young person’s Will must contain these essential elements at minimum:

1. Executor Appointment

You should select someone from your personal circle who will carry out your final arrangements. Young adults tend to choose their parents or siblings or close friends as their representatives. The person should be at least 18 years old and must agree to perform this duty. Discover the proper way to support your Executor through this resource.

2. Asset Distribution

List who should receive your assets. Think about:

• Bank accounts and savings
• Vehicles
• Personal belongings which hold both sentimental worth and financial value
• Investments, RRSPs, TFSAs (though these may have named beneficiaries)
• Real estate (if you own property)
• Cryptocurrency and digital assets

3. Digital Assets

You need to create instructions which show how to handle your online accounts and social media profiles and cloud storage and digital subscriptions. Name a digital Executor or include digital asset instructions in your Will.

4. Charitable Gifts

You can add charitable bequests to your Will which support the causes you care about no matter how big your estate becomes.

5. Guardian for Dependents

You need to establish guardianship for your children through your Will when you become a young parent.

Yes. Young adults should consider Power of Attorney as their most vital legal document which beats the importance of having a Will. A Power of Attorney becomes active when you lose your ability to make decisions because of serious medical emergencies or accidents but your Will starts working after you pass away.

Young people need to think about two different types of Power of Attorney which exist for their benefit:

• Power of Attorney for Property/Finances. Authorizes someone to manage your bank accounts, pay bills, and handle financial matters if you cannot
• Power of Attorney for Personal Care/Healthcare. Authorizes someone to make medical decisions on your behalf, including a Living Will with your healthcare preferences

Your family must start a court battle to obtain legal authority for managing your affairs because you never created a Power of Attorney document. The legal process will take up a lot of time while the family members must navigate an already difficult situation.

Canadian youth face financial obligations because they must handle student loans and credit card debt and car loan payments. What happens to this debt when you die?

• Federal student loans (Canada Student Loans) become canceled when someone passes away.
• Student loan programs in different provinces follow different rules but most provinces allow loan forgiveness.
• Your estate must repay all outstanding private student loans.
• Your estate must pay credit card debt before any assets become available to your beneficiaries.
• Joint debts become the responsibility of the surviving joint debtor
• Co-signed loans become the full responsibility of the co-signer

Creating a Will will not eliminate your outstanding debts but it allows you to direct the remaining assets which the government does not control to your chosen beneficiaries.

Most young adults face cost as their primary obstacle when they try to access services. Here are your options:

Young Canadians between ages 18 and 40 find online Will services as their best choice because these services provide affordable prices and legally valid documents and simple online access. You can finish the procedure within 30 minutes to receive your Will which you should sign and then someone should witness it before you can print it. For a complete cost breakdown, view our Canadian Will expense guide.

I am in my 20s with no assets; do I still need a Will?

Yes. A Will safeguards your personal choices through legal protection which operates even when your property value stays at zero. You probably possess a bank account together with your personal belongings and digital assets. Your family members will need to resolve unnecessary legal issues because you did not create a Will. The process requires only a small financial investment to complete at this moment.

Does getting married change my Will?

Yes. Marriage in most Canadian provinces cancels out any Will which you created before getting married. You need to create a new Will when you get married because your current Will will follow the default rules of intestacy when you die. Wills that people create before marriage will continue to exist after they get married.

What if I am in a common-law relationship?

Common-law partners have restricted ability to receive inheritance under the laws which most provinces have established. You need to include your common-law partner in your Will to make sure they receive your assets after you die. The process demands special attention when young couples live together because they need to establish themselves as non-married partners.

How often should I update my Will?

You need to check your Will after every major life change which includes getting married and getting divorced and having children and purchasing real estate and experiencing major financial changes and relocating to another province. Users of LegalWills.ca online service can update their Wills through free service which provides no additional charges.