When it comes to financial planning, most people focus on saving, investing, and budgeting. But there’s one crucial piece that often gets overlooked—your will.

It might not be the most exciting topic, but it’s one of the most important documents you’ll ever need. So, do you need a will in Canada? The short answer is yes.

In this post, we’ll cover why having a will matters in Canada, what can happen if you don’t have one, and how to get started—no legal jargon, just the essentials you need to know.

So, grab a coffee and let’s talk about something that could make a world of difference for your loved ones.

What Is a Will and Why Is It Important?

Let’s first make sure we understand what a will actually is. A will is a legal document that outlines:

• Who will get your assets (money, house, belongings) after you pass away
• Who will take care of your minor children or dependents
• How your affairs should be handled (for example, funeral instructions)

The key reason you need a will is to ensure that your wishes are respected when you’re no longer around to make decisions.

Without a will, the government steps in, and your estate is distributed according to provincial laws, not necessarily in line with what you would have wanted.

The Legal Framework: How Wills Work in Canada

In Canada, wills are governed by provincial law, which means the rules vary depending on where you live. However, the general principles are the same across the country. You’ll need to meet specific legal requirements for your will to be considered valid, and if those requirements aren’t met, the document may be challenged or disregarded.

For example, in most provinces, you must:

1. Be at least 18 years old (though in some cases, younger individuals can make a will if they are married or in the military).
2. Be of sound mind: You need to understand what a will is and what it does.
3. Sign your will in front of two witnesses who are not beneficiaries under the will.

The laws also cover how your estate is handled if you die without a will, which is known as dying intestate.

When that happens, the government decides how to distribute your assets, typically starting with your spouse and children, then other relatives. We’ll explore what happens when someone dies intestate later in this post.

Think You Don’t Need a Will? You Might Be Surprised

So, do you need a will? Many people assume that only the wealthy or older individuals need wills, but that’s not the case. Whether you’re a young adult, a parent, or someone nearing retirement, a will can benefit you.

Here are some key reasons you might need a will:

✅ You Have Children
If you have kids, your will lets you name guardians in case something happens to you and your spouse. This is one of the most important reasons to have a will—don’t leave it to chance.

✅ You Own Property
Whether it’s a home, a car, or other valuable assets, a will ensures these go to the people you choose—not just whoever the province decides.

✅ You Want Control Over Your Estate
A will lets you say exactly who gets what, how much, and when. You’re in charge of the plan—not provincial laws.

✅ You Want to Avoid Family Disputes
Without a clear plan, families can end up in messy disagreements. A will helps prevent stress and conflict during an already difficult time.

✅ You’re in a Common-Law Relationship
Double yes! In many provinces, common-law partners don’t automatically inherit without a will. If you want your partner to be protected, it needs to be written down.

✅ You Have Life Insurance
Even if your life insurance goes directly to your beneficiary, your will should coordinate with your overall estate plan. Think of it as the blueprint that ties everything together.

✅ You Own a Business
Yes again! A will lets you decide what happens to your business interests, shares, or responsibilities. This is crucial for business continuity and peace of mind.

✅ Spousal Wills and Blended Families
Wills are essential if you’re in a blended family or have remarried—because what feels “fair” isn’t always what’s legal.

In Canada, if you remarry, your previous will becomes invalid. If you don’t update it, your estate may not be distributed the way you intended. For blended families, it’s especially important to create a will that reflects your current relationships—particularly if you have children from a previous relationship.

Example:

A friend of mine remarried later in life and had children from a previous marriage. Without updating his will, his new spouse would have inherited everything, which wasn’t his intention. He wanted to provide for both his spouse and children. By creating a new will, he ensured that his estate would be divided in a way that reflected his wishes.

What Happens If You Don’t Have a Will?

This is the scary part. If you pass away without a will in Canada, the government will distribute your assets based on a set of rules, which often don’t take into account personal wishes or special circumstances.

Dying Intestate

If you die intestate (without a will), the rules vary by province. A court will appoint an executor to handle your estate, but here’s a general idea of how it typically works:

• If you’re married: Your spouse may not automatically inherit everything. In some provinces, your estate is divided between your spouse and children.
• If you have children: The estate may be divided among them, which could lead to disputes.
• If you’re single with no children: Your estate might go to your parents, siblings, or other relatives.
• No close family: If you have no family members, the government may take your estate.

Without a will, there’s no flexibility in how your estate is distributed, and it often leads to lengthy legal processes known as probate. Probate can delay the distribution of assets and lead to additional costs for your family.

Personal Example:

One of my coworkers went through a tough situation when their aunt and uncle passed away without a will. They didn’t have children, but they had many nieces and nephews. Without clear instructions, the estate was divided among the relatives according to provincial laws. Unfortunately, this led to family disagreements and a long, drawn-out legal battle that took years to resolve. The couple had shared their wishes verbally before their deaths, but since nothing was in writing, those wishes couldn’t be legally enforced.

Common Myths About Wills in Canada (And the Truth)

There are many misconceptions when it comes to wills, which is why many people don’t prioritize them. Let’s clear up a few common myths.

❌ Myth 1: Only Rich People Need Wills

Truth: This is a huge misconception. You don’t need millions in assets to benefit from a will. Even if you just have a modest home, some savings, or a few sentimental items, a will ensures your belongings go to the right people. It even covers things like who gets your dog or handles your social media accounts.

❌ Myth 2: I Don’t Need a Will Because My Spouse Will Inherit Everything

Truth: While that can be true in some cases, it’s not always guaranteed. In several provinces, your estate might be divided between your spouse and children if there’s no will. If you want your spouse to inherit everything, you need to say that clearly in your will.

❌ Myth 3: I Can Write My Will Later in Life

Truth: None of us know what the future holds. Accidents and illnesses happen unexpectedly. It’s better to have a basic will in place now—you can always update it later as life changes.

❌ Myth 4: I’m Too Young for a Will

Truth: If you’re over 18 and own anything—like a car, a savings account, or even digital assets—you should have a will. Life is unpredictable, and a will ensures your wishes are followed.

❌ Myth 5: Wills Are Complicated and Expensive

Truth: Wills can be surprisingly simple, especially if your estate isn’t too complex. Many Canadians now use affordable online will services. Of course, if you have a larger estate or unique circumstances, getting legal advice is a smart move.

Your Step-by-Step Guide to Creating a Valid Will in Canada

Now that we’ve answered “Do you need a will in Canada?” with a loud “YES,” let’s talk about how to make a will valid in Canada.

1. Take Inventory of Your Assets

Make a list:

• Bank accounts
• Investments (like your RRSP, TFSA, or non-registered accounts)
• Real estate
• Vehicles
• Valuable belongings (art, jewelry, collectibles)

Knowing what you have makes it easier to decide who should get what.

Related content:

• What is the Best Investment to Put in a TFSA?
• How to Maximize RRSP Contributions?

2. Decide Who Will Be Your Executor

Your executor carries out your wishes and handles the paperwork. Choose someone responsible and trustworthy. You can also appoint a backup executor just in case.

3. Choose a Guardian (If You Have Minor Children)

Think hard about who you trust to raise your kids with your values. And talk to them first—this isn’t a surprise you want someone to get after the fact.

4. Write the Will

You have a few options:

1. Write It Yourself: A holographic will is a handwritten and signed document that’s legal in many provinces. However, it’s best to consult a professional to ensure that it’s valid.
2. Use a Lawyer: This is the safest option, especially if your estate is complex or you have a blended family. A lawyer will ensure that all legal requirements are met and that your will is properly drafted.
3. Use Online Tools: There are several online services available that help you create a will for a fraction of the cost of hiring a lawyer. These tools guide you through the process step by step, making it easier for those with simpler estates.

Just make sure your will meets your province’s legal requirements to be valid and includes the following:

• Your Full Name and Address: Clearly state your identity to avoid confusion.
• Revocation Clause: If you have previous wills, include a statement revoking all prior wills to ensure only your latest will is recognized.
• Executor Designation: Name an executor (the person responsible for ensuring your wishes are carried out). It’s wise to choose an alternate executor in case your first choice cannot fulfill the role.
• Beneficiaries: Clearly outline who will inherit your assets and how they will be divided. Be as specific as possible to avoid misunderstandings.
• Guardianship for Minors: If you have minor children, name a guardian for them in your will.

5. Sign Your Will Properly

Your will must be signed by you at the end of the document. If you are unable to sign your will due to a physical disability, you can direct someone else to sign it on your behalf in your presence.

6. Witnesses

Most provinces require you to have at least two witnesses sign your will. Here are some key points regarding witnesses:

• Eligibility: Witnesses should be at least 18 years old and mentally competent. They cannot be beneficiaries or spouses of beneficiaries under your will, as this may invalidate their witness status.
• Signing: Witnesses must sign your will in your presence, and ideally, they should also see you sign it. It’s best if all parties are together when signing to avoid potential disputes about the validity of the signatures.

7. Storing Your Will Safely

Once your will is complete, store it in a safe place, such as a safe deposit box or with a trusted attorney. Let your executor know where to find it. Avoid keeping it in a place that may be hard to access after your passing.

8. Review and Update Your Will Regularly: When and Why

Once you’ve written your will, it’s not set in stone. Life changes, and so should your will. It’s essential to update your will when:

• You get married or divorced.
• You have children or grandchildren.
• Your financial situation changes significantly, like buying or selling a home.
• Your executor or beneficiaries change.

A will from 15 years ago that leaves everything to your ex-boyfriend probably isn’t what you want anymore. (Just saying.)

Personal Example:

Before I got married, my will was set up to leave everything to my sibling. But after I got married, I wanted to make sure both my spouse and my sibling would be taken care of if something happened to me. Updating my will was a simple process, and it gave me real peace of mind knowing my loved ones were protected.

9. Consider Additional Options

Depending on your situation, you might also explore other estate planning tools, such as:

• Living Will: This document outlines your preferences regarding medical treatment if you become unable to communicate your wishes.
• Power of Attorney: This allows someone to make financial or medical decisions on your behalf if you become incapacitated.

Real-Life Situations When Having a Will Saved the Day

Let’s look at some real stories:

Story 1: The Cottage Saver

Linda’s parents owned a cozy cottage they cherished. When they passed away, their will clearly stated it would be split 50/50 between Linda and her brother. Because the wishes were so clear, there were no arguments—just shared memories. Today, Linda’s kids still enjoy weekends at the cottage.

Lesson: A clear will protects family harmony.

Story 2: The Surprise Debt

Ricky ran a small business. When he died suddenly without a will, his family was shocked to discover outstanding business loans. With no instructions or legal plan in place, his wife was left to sort out creditors and financial messes on her own. A simple will could have separated his personal and business assets—and spared his family the stress.

Lesson: A will doesn’t just distribute assets—it can help manage debts too.

Story 3: The Cost of No Will

When my friend Bradley’s father passed away without a will, it caused a lot of complications. His father had been meticulous with his finances but never got around to writing a will. Because there was no will, the estate went into probate, and it took months to settle everything. Worse, the assets weren’t distributed the way he would have wanted. It caused unnecessary hardship for the family—something that could have been easily avoided if there had been a will. Bradley still shakes his head and says, “If only Dad had written a will…”

Lesson: Dying without a will can cost more than money—it can cost relationships.

Quick FAQ About Wills in Canada

Q: Can I just tell people what I want without writing a will?
A: Nope. Verbal wishes aren’t legally binding in Canada. Get it in writing!

Q: What if I move to another province?
A: Different provinces have slightly different rules. Always review your will if you move.

Q: Can I make changes to my will without redoing it completely?
A: Yes, you can make a codicil (an official amendment). But if lots has changed, it’s often easier to draft a new will.

Final Thoughts: Do You Need a Will?

So, do you need a will in Canada? Absolutely. Whether you have a large estate or a small one, having a will ensures that your wishes are followed and that your loved ones are taken care of after you’re gone. It’s not just about the money; it’s about making things easier for the people you care about.

Creating a will might seem daunting, but it’s one of the most thoughtful and responsible things you can do. It doesn’t take long to set up, and once it’s done, you can rest easy knowing that your affairs are in order.

In my personal experience, writing a will brought a sense of relief. I knew that if anything happened to me, my family wouldn’t have to deal with unnecessary stress and legal complications. It’s a small investment of time and effort, but the benefits are immeasurable.

Have you already created your will? What made you finally take the plunge? Share your story in the comments below—we’d love to hear from you!