Creating a Will in Canada: Easy Steps to Drafting and Legally Establishing Your Will

Updated on January 17, 2024

Explore the Process of Crafting a Will in Canada: Easy Steps to Drafting and Legally Validating Your Will. A will is a legal document designating an individual to inherit specific assets upon the creator’s demise. It is essential for ensuring a proper assessment and lawful distribution of assets. Serving as a transparent and fair document, a will facilitates the equitable distribution of property and other assets among family members. If you are interested in learning more about writing a will in Canada, its definition, advantages, and related information, keep reading this article.

How to Write a Will in Canada?

When crafting a valid will, it’s crucial for individuals to consider specific factors. A will serves as a legal document outlining details regarding the distribution of assets after the owner’s death. To write a will, one must be of legal age and in sound mental health.

You can personally draft your own will on paper, and it requires your signature along with two witnesses who also sign on the final page of the will. When creating a will, consider naming an executor and a backup executor, detailing your assets and debts. Structure the will in a format that clearly explains the intended new owner of each asset.

What is Will?

A will is a legal document that articulates an individual’s final wishes. It outlines the procedures for the distribution of assets, including property and money, after the individual’s death.

After the death of the asset owner, the provincial court reviews the will to ensure the individual’s final wishes are honored. In the absence of a will, the property is distributed to the deceased person’s next of kin in accordance with the law.

Simple Steps to Write A Will and Make it Legal

There are various legal ways to create a will, and the process depends on the individual’s preferences and the province of residence. Here are the basic steps for making a legal will:

1. Choose the Type of Will:
   Decide on the type of will you want to create. Options include kits, handwritten wills, lawyer-drafted wills, and online platforms. Each method has its own considerations.
2. Select an Executor:
   Choose a trusted person to be the executor of your will. This individual will be responsible for executing and carrying out the instructions outlined in the will after your passing.
3. Specify Beneficiaries:
   Identify the individuals or entities who will inherit your assets and the amount they will receive. If beneficiaries are not designated, the distribution may follow government laws.
4. Designate a Guardian:
   If you have dependents such as children or pets, designate a guardian who will take responsibility for their care in the event of your passing.
5. Outline Funeral and Burial Wishes:
   Clearly state any funeral or burial preferences you may have. This could include details about a traditional burial or other arrangements to provide peace of mind to you and your loved ones.
6. Print, Sign, and Witness:
   Print a copy of the will and sign it in the presence of witnesses. The signatures and witnesses are essential for legal validity and can assist the court and new asset owners.
7. Store Safely:
   Safely store the signed will, and ensure that both the executor and a trusted individual know its location. This person will be responsible for retrieving and presenting the will to the court after your passing.

These steps provide a straightforward guide for creating a legally valid will. A will serves as a clear directive for the rightful inheritor of your assets. Failure to create a will results in the distribution of your assets according to legal statutes.