Originally published: May 11, 2018 | Last updated: May 7, 2025
A Last Will and Testament contains two main purposes because it enables you to select an executor who will handle your estate and protect your children until they reach adulthood and it establishes how your assets should be distributed through particular gifts to specified persons and charitable donations and the remaining estate assets should go to which beneficiaries. Without a Will, neither function is fulfilled, a court appoints an administrator and provincial law dictates distribution.
A Last Will and Testament serves two core functions: it makes key appointments (your executor to manage the estate and guardians for minor children) and it distributes your assets (specific gifts to named individuals, charitable bequests, and division of your residual estate among beneficiaries). Without a Will, neither function is fulfilled, a court appoints an administrator and provincial law dictates distribution.
What Happens If You Die Without Making a Will?
Dying intestate means provincial succession laws control your estate. Your spouse may not inherit everything, common-law partners may receive nothing, and no guardian is designated for your children. The court must appoint an administrator, a process that costs thousands and takes months. For full details, see our guide to six consequences of dying intestate.
The law of provincial succession takes control of your estate when you pass away without creating a will. Your spouse may not inherit everything, common-law partners may receive nothing, and no guardian is designated for your children. The court needs to select an administrator who will handle this situation through a process which requires multiple months and thousands of dollars. Our guide explains six consequences which occur when you die without creating a will.
What Are Your Options for Making a Will in Canada?
A holographic (handwritten) Will is valid in most provinces without witnesses, but carries serious risks: vague language, missing clauses, easy to contest, and no error checking. Will kits have similar problems. Not recommended for most people.
Option 1: Handwrite It Yourself (DIY)
Estate planning lawyers produce comprehensive Wills but charge $500 to $1,500+ per Will. Updates cost additional fees. Appointments take weeks to schedule. For complex estates (business interests, international assets, special needs trusts), a lawyer may be necessary. For most Canadians, the same legal outcome is available for a fraction of the cost. See our questions to ask a lawyer.
A holographic (handwritten) Will is valid in most provinces without witnesses, but carries serious risks: vague language, missing clauses, easy to contest, and no error checking. Will kits have similar problems. Not recommended for most people.
An online Will service like LegalWills.ca combines affordability with legal quality. For $49.95, you get a province-specific, error-checked Will with all standard clauses, clear signing instructions, and the ability to update anytime. The guided process takes about 20 minutes and explains every term as you go. For six reasons why online services are the best option, see our detailed comparison.
Option 2: Use a Lawyer
No. Canadian law does not require a lawyer to prepare your Will. What matters is that the document meets provincial signing and witnessing requirements, contains appropriate legal clauses, and accurately reflects your wishes. An online service produces documents that meet all of these criteria. For more on this, see ten myths about Canadian Wills.
Estate planning lawyers create complete Wills which cost clients between $500 and $1,500+ for each document. The service requires customers to pay additional fees for receiving updates. The process of scheduling appointments requires multiple weeks to complete. A lawyer becomes essential for handling complex estates which include business assets and international property and need special needs trusts. Most Canadians have access to identical legal results through a process which costs them less money than they would otherwise pay. See our questions to ask a lawyer.
A complete Canadian estate plan includes three documents:
- Last Will and Testament: Distributes your estate and makes key appointments after death.
- Power of Attorney: Designates someone to manage your finances and/or healthcare decisions if you become incapacitated during your lifetime.
- Living Will: Records your medical treatment preferences for situations where you cannot communicate.
LegalWills.ca helps you create all three documents in a single session. Together, they protect you during your lifetime (Power of Attorney and Living Will) and after your death (Will).
Option 3: Use an Online Interactive Service (Recommended)
No. A Joint Will is a single document that serves as the Will for both spouses. It creates serious legal complications: the surviving spouse cannot easily change it, and it may not be recognized in all provinces. Mirror Wills (two separate, identical Wills) are a better choice for couples who want similar provisions. Each spouse maintains independence and can update their Will as needed.
Start making your Will today. Visit our step-by-step guide or explore our complete Will-writing guide.
Tim Hewson is one of the founders of LegalWills.ca.
He has over 20 years of experience helping people to write their Will and other estate planning documents. He has been interviewed by many of the major news media outlets including CTV, Global News, The Toronto Star, and other leading Canadian publications. He has also contributed to a number of financial planning books.
Throughout his career, Tim has written extensively on the subject of Will writing and estate planning.
