Originally published: October 14, 2014 | Last updated: October 16, 2024
People in Canada spread wrong information about Wills through social platforms and regular talks and older documents which no longer apply. These myths prevent people from creating Wills while they make incorrect decisions about their estate planning and they believe their wishes will be protected when they actually will not be. The following list presents ten enduring myths which I will correct with accurate information.
Misinformation about Wills circulates widely in Canada; on social media, in casual conversation, and even in some outdated publications. These myths stop people from writing a Will, lead them to make poor estate planning decisions, or give them false confidence that their wishes are protected when they are not. Here are ten of the most persistent myths, each followed by the facts.
Myth 1: “A Will Covers My Healthcare Wishes”
Fact: A Last Will and Testament deals exclusively with what happens to your assets and dependants after you die. It has no legal authority over your medical care while you are alive. If you want to specify your healthcare preferences, such as life support, resuscitation, or organ donation, you need a separate document called a Living Will (also known as an advance healthcare directive). You should also appoint someone with a healthcare Power of Attorney to make medical decisions on your behalf if you become incapacitated. Learn more about where the Living Will fits in your estate plan.
Fact: A Last Will and Testament deals exclusively with what happens to your assets and dependants after you die. It has no legal authority over your medical care while you are alive. You require a separate document which functions as a Living Will (advance healthcare directive) to state your medical treatment choices for life support and resuscitation and organ donation. You need to name a person who holds healthcare Power of Attorney status to handle your medical choices when you lose the ability to make decisions. Discover the position of Living Will documents within your complete estate planning system.
Fact: The government does not seize your possessions. What actually happens is that provincial intestate succession laws determine how your estate is divided among your legal relatives, spouse, children, parents, siblings, according to a rigid formula you have no control over. The government only inherits your estate (called “escheat”) if you die with absolutely no identifiable next of kin, which is extremely rare. The real problem with dying without a Will is not government seizure, it is that your assets go to people you may not have chosen, in proportions you may not have wanted. See our full article on dying without a Will in Canada.
Myth 2: “Without a Will, the Government Takes Everything”
Fact: No smartphone app can replace a legally valid Will. While some apps claim to help you catalogue your possessions or note who should receive specific items, these records have no legal standing. A Will must meet specific provincial requirements, including proper signing and witnessing, to be legally enforceable. An app that lets you tag photos of your belongings with beneficiary names is not a Will and will not be recognized by any court. Use a proper online Will service that generates legally valid documents.
Fact: The government does not seize your possessions. The provincial intestate succession laws will decide how your estate assets distribute between your surviving family members which include spouse and children and parents and siblings through their established distribution system which you cannot change. The government only inherits your estate (called “escheat”) if you die with absolutely no identifiable next of kin, which is extremely rare. The main issue with dying without a Will exists because your assets will pass to individuals who might not match your original choices for asset distribution. See our full article on dying without a Will in Canada.
Fact: Even if you genuinely do not care about your possessions, dying without a Will creates real problems for the people you leave behind. Someone must apply to the court to administer your estate, a costly, time-consuming process. Your family members may end up in disputes. If you have minor children, a court decides who raises them. If you have debts, your loved ones face a complicated legal process to resolve them. Writing a Will is not about caring for your possessions, it is about caring for your family. The process takes about 20 minutes and costs $49.95.
Myth 3: “There’s an App for Designating Beneficiaries”
Fact: Giving away all your assets before death to avoid probate is a flawed strategy for several reasons. First, you cannot predict when you will die, so you risk leaving yourself without resources. Second, large gifts during your lifetime can trigger significant tax consequences; in Canada, gifting property is treated as a deemed disposition, potentially creating a capital gains tax liability. Third, assets given away are no longer yours to control; a child could lose your family home in a divorce. A Will combined with proper estate planning is far more effective than trying to distribute everything pre-mortem.
Fact: No smartphone app can replace a legally valid Will. The records which some applications generate to track your belongings and assign them to specific recipients do not possess any legal value. The law requires Wills to fulfill particular provincial standards which include correct execution through signing and witnessing procedures. The application which enables users to attach beneficiary names to their photo possessions does not function as a Will because courts refuse to validate it. Use an online Will service which creates legally valid documents through its system.
Fact: In most Canadian provinces (except British Columbia and Prince Edward Island), a handwritten (holographic) Will is legally valid without any witnesses or notarization, provided it is entirely in the testator’s handwriting and signed. A Will written on a napkin can technically be valid. However, holographic Wills are risky: they are easy to contest, often contain vague language, and frequently omit critical provisions. Notarization is not required for any type of Will in common-law provinces (Quebec has different rules as a civil law jurisdiction). While a napkin Will might technically work, a properly prepared Will from a reputable service provides far better protection.
Myth 4: “I Don’t Care What Happens After I Die”
Fact: For a document to be legally recognized as a Will in Canada, it must meet specific requirements. In most provinces, a formal Will must be in writing, signed by the testator, and witnessed by two adults who are not beneficiaries. A note left in a desk drawer, a text message, or a verbal statement to a family member does not constitute a valid Will (with very limited exceptions in some provinces for holographic Wills). If a document does not meet provincial requirements, it will not be recognized, and your estate will be distributed under intestate succession laws instead.
Fact: Dying without a Will creates legal problems for your surviving family members even though you might not care about your possessions. The court requires someone to start the administration process for your estate which leads to expensive and lengthy proceedings. Your family members may end up in disputes. The court holds authority to select guardians for children who remain under age 18. Your family members need to follow a difficult legal system to solve your debt problems. The process of creating a Will exists to protect your family members instead of managing your material possessions. The process takes about 20 minutes and costs $49.95.
Fact: Your Power of Attorney should absolutely know they have been appointed. A Power of Attorney is only useful if the person named knows about it, knows where the document is stored, and understands their responsibilities. If you become incapacitated and your appointed attorney does not even know the document exists, it cannot help you. Have an open conversation with anyone you name as Power of Attorney about your wishes, where documents are kept, and what the role involves. For more on this topic, see our article on understanding advance directives.
Myth 5: “Just Give Everything Away Before You Die”
Fact: While Quebec does have civil code provisions for intestate succession, the rules may not produce the outcome you want. The civil code follows a fixed formula based on family relationships. It does not account for your personal wishes, strained relationships, common-law partnerships, or charitable intentions. Quebec also has unique Will requirements; three types of Wills are recognized (notarial, holographic, and before witnesses), each with different rules. Having a Will in Quebec is just as important as in any other province. For information specific to Quebec Wills, see our dedicated resources.
Fact: Giving away all your assets before death to avoid probate is a flawed strategy for several reasons. People cannot forecast their death time which creates a situation where they might run out of money. The Canadian tax system treats property gifts during your life as a deemed disposition which creates a capital gains tax obligation for you. Third, assets given away are no longer yours to control; a child could lose your family home in a divorce. A Will together with proper estate planning methods provides better results than trying to distribute everything before death.
Fact: The fee you pay a lawyer for drafting your Will typically covers only the drafting appointment and the initial document. Storage, updates, and codicils are almost always additional charges. Many people assume their Will is being safely stored by their lawyer, only to discover years later that the lawyer has retired, moved, or that the firm charges annual storage fees. With an online service like LegalWills.ca, you retain full control: your Will is stored in your account, accessible anytime, and can be updated at any time without additional fees during your subscription period.
Myth 6: “A Napkin Will Is Only Valid If Notarized”
The best way to protect yourself from Will myths is to educate yourself using reliable sources. Read our comprehensive guides on whether you need a Will, key estate planning definitions, and how to write your Will in minutes. When in doubt, use a trusted service like LegalWills.ca that has been serving Canadians since 2000 and provides clear, up-to-date information alongside legally valid documents.
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.
