TL;DR
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.
Originally published: September 3, 2020 | Last updated: September 10, 2025
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 and costs a fraction of what a lawyer charges.
Why Does Writing a Will Protect Your Family?
A Will protects your family in three critical ways:
- Guardian appointment: A Will is the only legal mechanism to name a guardian for your minor children. 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.
- Asset distribution: A Will ensures your assets go to the people you choose. Without a Will, provincial intestacy laws 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.
- Executor appointment: A Will names an executor, the person responsible for administering your estate. Choosing a trusted, capable executor ensures your estate is handled efficiently and according to your instructions.
What Should New Parents Consider When Writing a Will?
New parents should address several specific issues in their Will:
| Consideration | Why It Matters |
|---|---|
| Primary guardian | Name the person you want to raise your children if both parents die |
| Alternate guardian | Name a backup in case your first choice is unable or unwilling to serve |
| Testamentary trust | Set up a trust within your Will to manage assets for minor children until they reach a specified age |
| Life insurance beneficiary | Coordinate life insurance payouts with your Will to ensure adequate financial support for dependents |
| Education funding | Specify how education costs (RESP contributions, tuition) should be handled |
| Digital assets | Include instructions for online accounts, photos, and digital property |
| Pet care | Name a caretaker and set aside funds for family pets |
Should both parents write a Will?
Yes. Both parents should have their own Will. A mirror Will, 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.
At what age should you set up a testamentary trust?
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.
How Long Does It Take to Write a Will as a New Parent?
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.
Compare this to the alternatives:
- Estate planning lawyer: Typically requires 1-2 appointments over several weeks, costs $500–$1,500+ per Will
- Will kit: Self-guided paper forms that often contain errors and lack legal review
- Online Will service (LegalWills.ca): 20 minutes, $49.95, legally valid in all Canadian provinces, unlimited updates
The most common reason people delay writing a Will is procrastination, not complexity. The process is far simpler than most new parents expect.
What Happens If New Parents Die Without a Will?
If both parents die without a Will (intestate), two serious problems arise:
- Guardian selection by the court: A judge decides who raises your children. Family members may disagree, leading to costly court battles. The court’s choice may not align with your values, parenting philosophy, or religious beliefs.
- Asset distribution by provincial law: Each province has its own intestacy rules. Assets are distributed according to a fixed formula; typically split between the surviving spouse and children. Minor children’s share is held by the provincial public trustee, which adds bureaucracy and limits flexibility.
Neither outcome is what most parents would choose. A Will takes 20 minutes to create and eliminates both risks entirely.
Frequently Asked Questions
Can I name different guardians for different children?
Yes, although most parents prefer to keep siblings together. If your children have significantly different needs, for example, a child with special needs who requires specialized care, naming different guardians may be appropriate.
Do I need to ask the guardian’s permission before naming them?
There is no legal requirement, but it is strongly recommended. Discuss your wishes with the person you plan to name as guardian. Ensure they are willing, able, and understand your expectations.
How often should new parents update their Will?
Review your Will whenever a major life event occurs: the birth of another child, a move to a different province, divorce, remarriage, a significant change in assets, or if your named guardian is no longer able or willing to serve. At minimum, review your Will every 3-5 years.
What other documents should new parents prepare?
In addition to a Will, new parents should prepare:
- A Power of Attorney for financial decisions
- A Living Will (advance directive) for healthcare decisions
Together with a Will, these three documents form a complete estate plan.
LegalWills is Canada's leading online Will writing service. Since 2001 we have helped Canadians prepare their Will and other estate planning documents. Providing help along the way.
