Originally published: March 13, 2015 | Last updated: November 13, 2024
More than 65% of Canadian adults fail to maintain their Last Will and Testament in its current form. The lack of Wills among people does not stem from their failure to understand its importance because Canadian surveys reveal most citizens recognize the need for Will documents. People face a psychological obstacle which blocks them from beginning their work. The first step to overcoming these barriers requires people to understand their barriers. This document shows people why they delay creating their most vital document.
Over 65% of Canadian adults do not have an up-to-date Last Will and Testament. This is not because people do not understand the importance of having a Will; surveys consistently show that most Canadians know they need one. The real problem is a combination of psychological barriers that keep people from taking action. Understanding these barriers is the first step to overcoming them. Here is an honest look at why people procrastinate on one of the most important documents they will ever create.
What Are the Main Barriers to Writing a Will?
“I Don’t Have Time Right Now”
Time sensitivity, or the perceived lack of it, is the number one barrier. Writing a Will feels like something that can always wait until tomorrow. Unlike a tax deadline or a bill payment, there is no external due date. The consequence of not having a Will only materializes when you die, and most people do not expect that to happen soon. This creates a dangerous complacency. The reality is that accidents and unexpected illnesses do not wait for convenient timing. An online Will takes approximately 20 minutes to complete; less time than most people spend scrolling social media in a single sitting. There is genuinely no time-based excuse for not having a Will.
The main obstacle against time-sensitive work comes from how people view time as being in short supply. People tend to delay writing their Wills until they believe they can handle it at a later time. The situation lacks any outside deadline which works differently from tax deadlines and bill payment schedules. The consequence of not having a Will only materializes when you die, and most people do not expect that to happen soon. People continue to believe everything stays calm although dangerous situations emerge. Accidents together with unexpected health problems show up at times which do not match scheduled events. An online Will takes approximately 20 minutes to complete; less time than most people spend scrolling social media in a single sitting. People do not have any valid reason to delay creating their Will documents.
Many people underestimate the consequences of dying without a Will. They assume their family will “figure it out” or that the government will distribute their assets fairly. In reality, intestate succession laws follow rigid formulas that often produce unexpected and undesirable results. A surviving spouse may not inherit everything. Common-law partners may receive nothing. No one is automatically authorized to manage the estate, leading to costly court applications. And perhaps most importantly, no guardian is designated for minor children, a court makes that decision instead. The consequences are real, significant, and entirely avoidable.
“Nothing Bad Will Happen If I Don’t Have One”
This is one of the most persistent myths about Wills. Estate size is irrelevant to the need for a Will. Even if your total assets are modest, a Will names your executor (avoiding a court appointment process that costs thousands), designates guardians for your children, and ensures your possessions go to the people you choose. Without a Will, even a small estate creates administrative headaches and legal costs that eat into what little there is. Beyond finances, a Will lets you express wishes about personal items, charitable donations, and funeral arrangements; things that matter regardless of wealth. For more on this topic, see Do I Need a Will?
Most people fail to understand what will happen when someone passes away without leaving behind a Will. People believe their family members will handle everything or the government will distribute their assets through an appropriate system. The laws which govern intestate succession follow strict mathematical rules which create unexpected negative outcomes. A surviving spouse may not inherit everything. Common-law partners may receive nothing. The estate remains under court control because no person receives automatic authority to handle its management which results in expensive legal proceedings. The court oversees the process of appointing guardians for children under eighteen because it serves as the primary authority. The situation has created avoidable major consequences which produce actual negative effects.
Many people plan to write their Will “when they get married,” “when they have kids,” or “when they buy a house.” The problem with this approach is twofold. First, you need a Will before these events, you could die at any time, and your current situation still requires protection. Second, life events often bring so much change and stress that writing a Will gets pushed further down the list. The best time to write a Will is right now, whatever your current life stage. You can always update it later when circumstances change.
“My Estate Is Too Small to Bother”
The barriers to updating a Will are similar to those for creating one, with an added layer of complacency: “I already have a Will, so I’m covered.” In reality, an outdated Will can be worse than no Will at all. A Will that names a now-ex-spouse as beneficiary, fails to include children born after it was written, or does not account for new assets or changed laws can create exactly the kind of confusion and disputes it was meant to prevent. Key triggers that should prompt a Will update include:
- Marriage or divorce: In most provinces, marriage automatically revokes a prior Will.
- Birth or adoption of a child: New children need to be named as beneficiaries and have guardians designated.
- Death of a beneficiary or executor: Your alternate provisions may need updating.
- Significant change in assets: Buying a home, receiving an inheritance, or selling a business.
- Moving to a different province: Provincial laws differ, and your Will should comply with your new jurisdiction.
- Change in relationships: New partnerships, estrangements, or changes in who you trust as executor.
With LegalWills.ca, updating your Will is as simple as logging into your account, making changes, and printing a new version. There is no need to visit a lawyer, pay for a codicil, or start from scratch. This eliminates the biggest barrier to keeping your Will current.
The concept of Wills faces its most persistent myth in this particular area. Estate size is irrelevant to the need for a Will. People with limited assets can create a Will to avoid court costs because it names an executor who will avoid the need for court approval of $1000s. The Will also lets you select guardians who will care for your children while directing all your belongings to your designated recipients. The absence of a Will document causes difficulties when people need to handle small estates because it leads to both financial expenses and complex legal processes which consume available resources. A Will allows you to express your wishes about financial matters and personal belongings and charitable donations and funeral arrangements which hold importance for every person. For more on this topic, see Do I Need a Will?
The single most effective way to overcome procrastination is to remove friction. Traditional Will-writing requires booking an appointment, travelling to a lawyer’s office, spending an hour or more in consultation, and paying $500 to $1,500. An online Will service eliminates every one of these barriers. You can complete your Will tonight, from your couch, for $49.95. Set aside 20 minutes, that is genuinely all it takes. The relief of having this critical document in place is worth far more than the small investment of time and money. Your family will thank you.
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.
