Originally published: September 23, 2014 | Last updated: September 18, 2024
Yes. Every adult in Canada needs a legally valid Last Will and Testament. The intestate succession laws in your province will determine how your estate gets distributed when you don’t have a will although most people would choose differently. More than 65% of Canadian adults have not updated their Will even though they understand the importance of having one. People create ten different reasons to avoid making a Will yet these excuses prove incorrect.
Yes. Every adult in Canada needs a legally valid Last Will and Testament. Without one, your province’s intestate succession laws dictate how your estate is divided, and the result rarely matches what most people would choose. Over 65% of Canadian adults do not have an up-to-date Will, despite most knowing they need one. Here are the ten most common excuses people give for not having a Will, and why none of them hold up.
1. “Everything Will Go to My Spouse Anyway”
This is false in every Canadian province. Without a Will, intestate succession laws govern your estate distribution, and the formula varies by province. In most provinces, if you are married with children, your spouse does not receive the entire estate. A surviving spouse typically receives a preferential share (ranging from $40,000 to $200,000 depending on the province), with the remainder split between the spouse and children. Only a Will guarantees your spouse inherits everything.
This is false in every Canadian province. The distribution of your estate will follow intestate succession laws when you die without a Will because each province uses its own specific formula. Your spouse will not receive the complete estate when you have children and live in most Canadian provinces. The surviving spouse receives a specific amount between $40,000 and $200,000 depending on which province they live in and the rest of the estate goes to children and the spouse. A Will stands as the only legal document which enables your spouse to inherit all your assets.
A Will written 20 years ago is almost certainly outdated. Marriages, divorces, births, deaths, new assets, and changes in provincial law can all render an old Will ineffective or create unintended consequences. In most provinces, marriage automatically revokes a prior Will. A Will should be reviewed every 3 to 5 years and updated whenever a major life event occurs. Services like LegalWills.ca allow you to update your Will at any time.
2. “I Already Have a Will. I Wrote It 20 Years Ago”
Without a Will, your estate goes to your next of kin according to a rigid legal formula; typically parents, then siblings. If you have no surviving relatives, your entire estate goes to the provincial government. A Will lets you choose exactly who benefits: a partner, a friend, a charity, or anyone else who matters to you. Common-law partners have no automatic inheritance rights in most provinces without a Will.
The Will which you created two decades ago will probably not match current legal standards. Marriages and divorces as well as births and deaths and new assets and provincial law changes will make an old Will stop working correctly while creating unexpected results. Most provinces require marriage to cancel any previously made Will. People need to check their Wills at least every three to five years and they should make changes when their life experiences create major changes. You can update your Will through LegalWills.ca whenever you need to.
Estate size is irrelevant. Even a modest estate creates complications without a Will. Someone must be appointed by the court to administer it, a process that costs money and takes months. A Will names your executor, avoids court delays, and ensures even small possessions go to the right people. Beyond assets, a Will also lets you name guardians for minor children, something no amount of money can replace.
3. “I’m Not Married and Don’t Have Children”
Families frequently do not sort it out. Estate disputes are one of the leading causes of permanent family breakdowns. Without a Will, no one is legally authorized to manage your affairs, and disagreements over who gets what can end up in court. A clear, legally valid Will eliminates ambiguity and protects family relationships. It is also your last opportunity to recognize people or organizations that made a difference in your life through charitable bequests.
Without a Will, your estate goes to your next of kin according to a rigid legal formula; typically parents, then siblings. The provincial government will receive all your estate assets whenever you don’t have any family members who survive you. A Will lets you choose exactly who benefits: a partner, a friend, a charity, or anyone else who matters to you. Common-law partners need to create a Will because most Canadian provinces do not grant them inheritance rights.
You do not know when you will die. Accidents and unexpected illnesses can happen at any age. A well-written Will is “future-proof”, it can be updated throughout your life as circumstances change. There is zero advantage to waiting. If you have any assets, any dependents, or any preferences about what happens to your belongings, you need a Will regardless of age. In Canada, you can write a Will once you reach the age of majority in your province (18 or 19 depending on the province).
4. “My Estate Is Too Small to Bother With”
A handwritten (holographic) Will is technically legal in some provinces, but it carries serious risks. Without witnesses, it is far easier to contest in court. Holographic Wills often contain vague or ambiguous language that leads to disputes. They also tend to omit critical clauses like executor powers, trust provisions for minors, and alternate beneficiary designations. A properly structured Will protects your wishes far more effectively.
The size of an estate does not matter. Even a modest estate creates complications without a Will. The court needs to select someone who will handle the estate administration process which requires financial resources and produces delays that last for multiple months. A Will lets you select an executor who will stop court involvement while it guarantees all your belongings will go to their proper recipients. A Will enables you to select guardians for your minor children who need protection because money cannot purchase this essential safeguard.
A lawyer-drafted Will in Canada typically costs $500 to $1,500 or more. But online Will services like LegalWills.ca offer legally valid Wills for $49.95. Compare that to the cost of dying without a Will: court application fees for estate administration, legal costs for disputes, and delays that can freeze your assets for months or years. A $49.95 Will is one of the most cost-effective investments you can make for your family.
5. “My Family Will Just Sort It Out”
Writing a Will is far simpler than filing your taxes. At LegalWills.ca, the process is guided step by step. Each question is explained in plain language, with definitions for key terms like beneficiary, executor, trustee, and residual estate. The signing process is clearly outlined. You need no legal training. Hundreds of thousands of Canadians have already created their Will through our service. If you get stuck, email or call us, we are happy to help.
Families frequently do not sort it out. The process of family breakdown reaches its peak because of estate disputes which stand as the primary reason for permanent family destruction. The absence of a Will prevents anyone from taking charge of your affairs while family members fight about property distribution through court battles. A clear legally valid Will will eliminate all ambiguity which protects family relationships. The final chance to recognize people or organizations who made a difference in your life through charitable bequests stands before you.
This is the most dangerous excuse of all. “Eventually” assumes you will have advance warning. Most people do not. Writing a Will takes about 20 minutes with an online service. There is never a good reason to delay, but there are serious consequences to dying without one: your assets may go to people you would not have chosen, guardianship of your children may be decided by a court, and your family may face unnecessary legal battles. Complete your Will today; visit our step-by-step guide to get started.
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.
