{"id":2778,"date":"2025-09-10T12:00:00","date_gmt":"2025-09-10T16:00:00","guid":{"rendered":"https:\/\/www.legalwills.ca\/blog\/?p=2778"},"modified":"2026-06-09T13:00:29","modified_gmt":"2026-06-09T17:00:29","slug":"writing-a-will","status":"publish","type":"post","link":"https:\/\/www.legalwills.ca\/blog\/writing-a-will\/","title":{"rendered":"Why writing a Will is the first thing to do as a new parent"},"content":{"rendered":"\n
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TL;DR<\/p>\n\n\n\n

Writing a Will is the single most important legal step new parents should take. A Will is the only legal document that allows you to name a guardian for your minor children. Without a Will, a court decides who raises your children, and it may not be the person you would choose.<\/p>\n<\/div><\/div>\n\n\n\n

Originally published: September 3, 2020 | Last updated: September 10, 2025<\/em><\/p>\n\n\n\n

A Will is the first legal document every new parent needs. It is the only way to legally name a guardian for your minor children. If both parents die without a Will, a court appoints a guardian based on its own assessment, a process that can be slow, expensive, and may result in someone you would not have chosen raising your children. Creating a Will takes approximately 20 minutes through an online service like LegalWills.ca<\/a> and costs a fraction of what a lawyer charges.<\/p>\n\n\n\n

\"New<\/figure>\n\n\n\n

Why Does Writing a Will Protect Your Family?<\/h2>\n\n\n\n

A Will protects your family in three critical ways:<\/p>\n\n\n\n

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  1. Guardian appointment:<\/strong> A Will is the only legal mechanism to name a guardian for your minor children<\/a>. Without this appointment, the court makes the decision. Family disputes over guardianship can be emotionally devastating and financially draining, sometimes costing tens of thousands of dollars in legal fees.<\/li>\n\n\n\n
  2. Asset distribution:<\/strong> A Will ensures your assets go to the people you choose. Without a Will, provincial intestacy laws<\/a> dictate who inherits. These default rules may not reflect your wishes. For example, in some provinces, your spouse may not automatically receive everything, a portion may go directly to your children, potentially creating financial difficulties for the surviving parent.<\/li>\n\n\n\n
  3. Executor appointment:<\/strong> A Will names an executor<\/a>, the person responsible for administering your estate. Choosing a trusted, capable executor ensures your estate is handled efficiently and according to your instructions.<\/li>\n<\/ol>\n\n\n\n

    What Should New Parents Consider When Writing a Will?<\/h2>\n\n\n\n

    New parents should address several specific issues in their Will:<\/p>\n\n\n\n

    Consideration<\/th>Why It Matters<\/th><\/tr><\/thead>
    Primary guardian<\/strong><\/td>Name the person you want to raise your children if both parents die<\/td><\/tr>
    Alternate guardian<\/strong><\/td>Name a backup in case your first choice is unable or unwilling to serve<\/td><\/tr>
    Testamentary trust<\/strong><\/td>Set up a trust within your Will to manage assets for minor children until they reach a specified age<\/td><\/tr>
    Life insurance beneficiary<\/strong><\/td>Coordinate life insurance payouts with your Will to ensure adequate financial support for dependents<\/td><\/tr>
    Education funding<\/strong><\/td>Specify how education costs (RESP contributions, tuition) should be handled<\/td><\/tr>
    Digital assets<\/a><\/strong><\/td>Include instructions for online accounts, photos, and digital property<\/td><\/tr>
    Pet care<\/a><\/strong><\/td>Name a caretaker and set aside funds for family pets<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

    Should both parents write a Will?<\/h3>\n\n\n\n

    Yes. Both parents should have their own Will. A mirror Will<\/a>, where both parents create nearly identical Wills naming each other as primary beneficiary and the same guardian for children; is the most common approach for couples with young children.<\/p>\n\n\n\n

    At what age should you set up a testamentary trust?<\/h3>\n\n\n\n

    Most parents specify that assets be held in trust until children reach age 19, 21, or 25. This prevents a large inheritance from being distributed to a minor or young adult who may not be financially mature. The trustee manages the funds and can distribute money for the child’s education, health, and maintenance.<\/p>\n\n\n\n

    How Long Does It Take to Write a Will as a New Parent?<\/h2>\n\n\n\n

    Writing a Will through an online service like LegalWills.ca takes approximately 20 minutes. The process involves answering guided questions about your family, assets, and wishes. The service generates a legally valid Will that you print, sign, and have witnessed.<\/p>\n\n\n\n

    Compare this to the alternatives:<\/p>\n\n\n\n