Making a Will in Canada – the Complete Guide to your Options

What is the purpose of a Will?

Your Last Will and Testament allows you to speak after you have passed away. It does absolutely nothing and has no powers whatsoever all the time you are alive. But as soon as you die your Will has two key functions: it allows you to make key appointments and it allows you to describe the distribution of your assets. These assets include money, possessions, houses, investments, everything that you own. Making a Will is one of the most important responsibilities of every adult, and it should not be put off until a distant day in the future when you are “old”.

You should not think of making a Will as a once-in-a-lifetime event. You should always have a Will in place that reflects your current situation. You should write your first Will as soon as you are an adult, and then update it throughout your life as your circumstances change.

 

Your Key Appointments

By Making a Will you can make two key appointments.

Your Executor

This is the person you entrust to carry out the instructions in your Will. They have the responsibility to arrange your funeral, gather and secure your assets, and then distribute them according to the instructions in the Will. It is a very important appointment. Continue reading

Mirror Will – What is it? When should I use it? Is it right for me?

What is a Mirror Will?

A Mirror Will is actually two Wills, usually created by partners or married couples. The two Wills typically name each partner as the main beneficiary of the other partner’s estate. There may be other specific gifts within the Will, such as gifts to charities, but the two Wills look identical to each other, except that typically, the name of the main beneficiary is the partner of each testator.

Person A leaves everything to Person B. Person B leaves everything to Person A.

Then for the two Wills to be true mirror Wills, each Will describes an identical alternate plan in the event that both partners are involved in a common accident. Often this is that the entire estate is then distributed to the children.

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It doesn’t matter how young you are, you need a Will.

I’m young – do I need a Will?

You need a Will. In fact, there is never a circumstance where planning to not have a Will is a good idea. Dying without a Will is not a strategy, no matter how old or young you may be, you need a Will.

On a daily basis not many of us like to think about our inevitable death. It’s morbid and a subject that most of us don’t want to pay much attention to. Like going to the dentist for a root canal or having that screening at the hospital, there are some uncomfortable scenarios that we put off for as long as possible. Writing a Will should not be one of them.

But the thought of going over your possessions and paying a lawyer can be too much for some people. However, there comes a time when we need to face the cold hard reality that we won’t live forever and having a Will really isn’t for your benefit, but you write a Will for your loved ones. Granted, creating a Will may not be fun, and when you’re young there are a million and one things you would rather do but it’s actually not such a hard thing to do once you get over the mental hump. And you may actually learn something along the way.

To help you see the benefits of having a Will we have outlined why you’re (almost) never too young, and no matter the age, you need a Will.No matter the age, you need a Will

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Write a Will in Canada: the complete guide to our Canadian Legal Wills

Learn to write a Will at LegalWills.ca

An increasing number of Canadians are turning to services like the one at LegalWills.ca to write a Will. But every day we received requests from our customers to clarify a term, or clause in their Will. Usually this request comes with an apology for their lack of understanding, and every time we have to give the reassurances that;

  1. Although writing a Will is extremely important, it is not something that most of us do more than once of twice in a lifetime, so there is no reason to expect anybody to understand these terms.
  2. A Will is such an important document, but the legal profession intentionally tries to make the document more complicated that it needs to be by using arcane language. There is absolutely no reason for a Will to say, “I give, bequeath and devise” when a simple “I give” would work. Or to say, “I nominate, constitute and appoint” when a simple “I appoint” would mean the same thing. But using arcane language is a way of pushing people into using the services of a legal professional because it seems beyond the capabilities of the layperson.
  3. Nobody should be required to learn all of these terms in order to write a Will, and there are no clear concise guides that we could find.

Having said that, our Wills still use a lot of legal language, because the document is based on Continue reading

Have you “Made a Will”? Make it your New Year’s Resolution.

It is that time of year again. The time when we all make New Year’s Resolutions for things that we know we really ought to do, but never quite get around to. We all know the popular ones. Go to the gym, lose weight, spend more time with our family. However, there is one New Year’s Resolution that we should all make sure that we keep. Have you made a Will? We should prioritize “making a Will“. Before you head to the gym and pay to join again, make sure that you protect your family and loved ones by writing a Will.

Making a Will

So many people do not make a Will, but really there is no excuse not to. It is one of the most important things that you should do to make sure that your family and friends are provided for in the event of your death. Continue reading

Guardian for your children – How to name a guardian in your Will.

How to Choose a Guardian for Your Children

One of the most important things which you need to consider when you are making your Will is how to choose a guardian. They will take care of your minor children in the event of your death. This really isn’t something that anyone ever wants to think about, but it is one of the most important decisions that you need to make. No one likes to think of their own mortality. However, making a Will and appointing a guardian is one of the most caring things that you can do for your minor children.

If you do not choose a guardian for your children and both parents die, the court will have to appoint one. This will usually be a willing volunteer. However, you really don’t want to leave something so incredibly important to chance. A judge can appoint whoever they want to. This person could be your worst nightmare, but a judge may have of way of knowing that if you haven’t made your wishes clear. Continue reading

The Free Will Kit – why they are not such a great idea

There are two types of people who comment on our pricing, those who have previously used a lawyer, and those who are considering the use of a free Will kit.

The first group usually say;

“Wow, I was quoted $800 to write my Will, and your service is less than $40. How can your service possibly be any good?”

the second group say;

“$40 for a Last Will and Testament? Why on earth would I pay that if I can pay nothing with a free Will kit?”

In this article we are going to address the issue raised by the second group.

dollar store

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The Canadian Will Kit – and the evolution of Will services

Many of us remember the TV ads for the Canadian Will Kit. It later became the Complete Canadian estate planning kit. It’s been over a decade since those ads ran on TV and Radio, and to this day, we still receive calls from people looking for one.

Unfortunately, these kits became synonymous with “writing your own Will”. The kits were bad, the Wills that they created caused many problems, and so people still think that writing your own Will is a bad idea.

 

The common criticisms of “boilerplate” Wills like the Canadian Will Kit, and “one-size fits all” kits are still trotted out by lawyers advising people against writing their own Wills. But these criticisms are woefully out of date, and simply no longer apply to online Will services like the one at LegalWills.ca. Continue reading

Six consequences of dying intestate in Canada

Dying intestate means that you have died without a Will.

dying intestate

I’m not sure that anybody plans to die without a Will. After all, most people don’t plan to die. But it happens. In fact, the vast majority of Canadian adults do not have a Will in place, and most of these people think that they will probably have plenty of opportunities to write one at some time in the future.

Dying intestate…who does that?

Amy Winehouse, Barry White, Jimi Hendrix, Sonny Bono and Bob Marley would make a terrific band. However, what brings them together in this article is that they all suffered the ignominy of dying intestate.

But you don’t have to be young with a rock and roll lifestyle to end up dying without a Will. Roman Blum was 97 years old with an estate valued at $40M, he died without a Will and and incredibly with no heirs. His entire fortune in this case, was destined for the government coffers. Continue reading

Wills for Blended families and stepfamilies

Wills for Blended families

First a definition;

stepfamily or blended family is a family where at least one parent has children, from a previous relationship, that are not genetically related to the other parent. Either one or both parents may have children from a previous relationship. Children from a stepfamily may live with one biological parent, or they may live with each biological parent for a period of time.

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Customer question of the day: How to Register a Will

Register a WillWe get this question a lot. “Once I have prepared my Last Will and Testament, and signed it in the presence of two witnesses, what do I do with it to make it legal? How do I register a Will?”

When do you register a Will?

In Canada, there is no way to register a Will until after you have died, and at this time, the Will is registered with the probate courts. In some Provinces, like British Columbia, you are able to register the location of your Will for a fee, but in our opinion, there is really little point in doing this.

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Customer question of the day – updating a Will

Hello, I am trying to seek additional information regarding updating a Will . My question is , every time I update or change my will, do I need to go after the witness every time to re sign? How do I go about changing, updating without having to get them re signed. Thanks.

There is no way of updating a Will without having witnesses sign the update. There are only three ways to update your Will;

Updating a Will Continue reading

Why I haven’t written my legal Will – a confession

A month ago I was at a dinner party. I met a couple who had young children and the conversation naturally led to how we make a living. I explained that I was one of the founders of LegalWills.ca, the online convenient affordable service for writing a legal Will. The couple were thrilled, they had two young children, they knew that they needed to prepare their legal Will, but hadn’t got around to it. It was on their list of things to do, but as with all tasks with no real deadline, it never seem to make it to the top of their list.

They loved the idea of just going online one evening, stepping through the service, compiling their document, and then printing, signing in front of witnesses and creating their legal Will. So excited were they, that I gave them my business card with a discount code.

One month later, they still haven’t written their legal Will.

They still haven’t named an Executor for their estate, guardians for their children, made any charitable bequests, set up trusts for their children, created a distribution plan for their estate.

Legal Will

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Challenging a Will: What are the grounds for contesting a Will in Canada?

I was told that if I don’t create a Will through a lawyer, somebody will end up challenging the Will. Is that true?

This is one of the most common misconceptions we hear related to preparing one’s own Will. If you prepare a Will through a lawyer’s office for $600 it won’t be challenged, but it you write a Will yourself, or through a service like LegalWills.ca it is bound to be contested. The reality is that any Will can be contested, but challenging a Will can only be successful under one of eight conditions.

 

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Lawyers and their egregious charges

CBC’s Marketplace recently featured a special – trying to find the most shocking fees charged by lawyers in Canada.

 

The banks and airlines featured prevalently in the discussion, but so did lawyers. People seemed to be incensed by the nickel-and-diming billing practices and when it came to voting for the 5 most egregious fees, one particular lawyer was included.

One of the most ridiculous submissions takes nickel-and-diming to a new level. One man complained of being charged precise amounts for every office supply his lawyer used.

“[I was] charged separately for staples ($0.07 each) and paperclips ($0.12 each) on my legal bill for doing up a will.”

It’s important to read this carefully. The lawyer wasn’t charging for the staples and paperclips in the Will, no, they were charging for the staples and paperclips used on the bill that was prepared for creating the Will !!

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Ten myths about a Canadian Last Will and Testament

Having watched families fight over the estate and end up not speaking to each other for the rest of their lives, I can tell you first hand that leaving this world without making a plan for what’s in your estate is one of the worst thing you could do for your loved ones.

Over the Thanksgiving weekend, the CBC led their business section with an article on writing a Canadian Last Will and Testament and suggested that you should discuss with your children exactly how you were planning to divide your estate.

 

There were some great comments on the article from people who were living the nightmare of administering an estate, some estates had a Will involved and some didn’t. Problems arose with children fighting over particular bequests, Executors were not following the legal procedures, aged parents were being forced to change their Wills in the advanced years. What struck me though was the level of misunderstanding of estate planning law from the general public. In a total of 200 comments, I have picked out 10 terrible misconceptions that people have taken the time to submit in response to the article. The lesson here is do not take legal advice from a comment forum. Continue reading