Ben Nguyen 
Do-it-yourself (DIY) will kits provide Canadians with a low-cost way to create a basic last will and testament without hiring a lawyer. These kits include fill-in-the-blank templates, instructions and checklists that allow people to prepare simple wills on their own. While convenient and affordable, will kits also have some limitations depending on a person’s assets and estate planning needs.
This guide takes an in-depth look at DIY will kits available in Canada – answering common questions about what’s included, pros and cons, legalities, alternatives, and more.
What is a DIY Will Kit in Canada?
A DIY will kit refers to a pre-made set of legal documents, templates, instructions and supplements that enable Canadians to write their own will without professional legal help.
These kits provide a basic fill-in-the-blank will template along with step-by-step guidance on how to properly prepare the will according to provincial laws and customize it with your personalized information. Most also include additional forms, checklists, glossaries and storage information.
Will kits offer an affordable option for those looking to create a simple will befitting their assets and intentions for estate distribution after death. They can be purchased from legal stationery stores, office supply retailers, specialized websites and other sources both online and offline. Prices generally range from $15-$50.
For Canadians with minimal assets and straightforward intentions for their estate, will kits allow basic estate planning without incurring expensive legal fees. However, experts recommend exercising caution as will kits have limitations in more complex situations.
Are Will Kits Legal in Canada?
Yes, DIY will kits are entirely legal to use in Canada as long as the finished will meets the legal requirements of the province in which the will-maker resides. Four key criteria for any legally valid DIY will in Canada are:
Eligible Will-Maker
The person making the will, known as the testator, must be of legal age in their province (18 or 19 in most provinces, with exceptions in some special cases) and must be of sound mind, understanding what they are doing.
Properly Executed Document
The will must be typed out or handwritten – printed and signed holographic (handwritten) wills are accepted in most provinces. It must be signed by the testator and two eligible witnesses who are not beneficiaries.
Each Canadian province and territory has its own unique set of additional rules governing the valid execution and witnessing of DIY wills. The DIY will kit used must adhere to the provincial laws where the testator lives.
Revocation of Former Wills
The most recent will must explicitly state that it revokes and overrides any previous or existing wills.
In addition, for a DIY will to be legitimate across Canada, these core elements must be included:
- Identifying details of the will-maker, such as legal name and address
- Appointment of an executor to administer the estate
- Full legal names of beneficiaries who will inherit assets
- Inventory of major personal assets to be distributed
As long as these conditions are met, a DIY will made using a proper will kit can serve as a legally binding document for distributing one’s estate after death throughout Canada.
However, any omissions or errors in following the will execution process could potentially render the DIY will invalid or open to legal contests. This is why some legal experts recommend seeking professional advice for more complex estates.
What’s Typically Included in a DIY Will Kit?
DIY will kits contain a variety of documents, templates and supplemental resources designed to guide someone through the process of writing their own will.
Here are the most common components found inside a standard will kit:
Fill-in-the-Blank Will Template
The core item is a pre-made will template or form with blank spaces for the kit user to fill in with their own personalized information. It provides the overall framework and standard structure.
Instructions
Step-by-step guidelines that explain how to properly prepare and execute the DIY will under the provincial laws where the testator lives.
Selection Guidelines
Tips, recommendations and factors to consider when choosing an executor, beneficiaries, guardians for dependents, and other important roles.
Asset Inventory Forms
Allow the testator to list out and categorize their significant personal assets like real estate properties, bank accounts, investments, insurance policies, and other possessions they wish to distribute.
Bequest Sections
Blank spaces to specify particular heirlooms, sums of money or assets you wish to leave to specific individuals after your death.
Funeral Wishes
Forms and areas to outline preferences for cremation, burial, type of funeral service, organ donation and other end-of-life specifics.
Execution Checklists
Help ensure critical steps like signatures, witnessing, and other legal execution formalities are completed properly to make the DIY will legitimate.
Supplemental Guides
Some kits include extras like glossaries explaining key legal terminology, storage recommendations for the finished will, and FAQs answering common questions.
By following the included directions, DIY will kits allow Canadians to create a customized legal document to distribute their estate based on their personal circumstances and wishes. However, not all kits are created equal – quality and accuracy vary widely.
What are the Pros of Using a DIY Will Kit?
DIY will kits offer several advantages for those with straightforward estates. The #1 benefit is their low cost, typically between $15 – $50 compared to $500+ for a lawyer-prepared will.
Will kits are widely available both online and from stores across Canada, requiring no special legal background, just careful attention to instructions. They’re particularly suitable for individuals with modest, uncomplicated estates involving basic assets like a home, bank accounts, vehicles, and personal possessions, with predetermined heirs.
For such cases, a will kit offers an affordable option accessible to all income levels. However, experts recommend caution in using DIY kits for more intricate estate planning needs.
What are the Cons of Using a DIY Will Kit?
While handy for some situations, DIY will kits also come with drawbacks to weigh carefully.
The pre-made, one-size-fits-all templates offered by most will kits allow for only limited personalization and customization. This prevents tailoring estate plans for unique assets like businesses, complicated financial portfolios or special family situations.
Basic fill-in-the-blank will kits cannot account for more specialized estate planning options, such as trusts, powers of attorney, estate tax minimization, succession planning, and other tools that lawyers can provide.
Will kits provide no support for ongoing revisions, making substantive changes or amending a DIY will typically requires creating an entirely new will. This adds further costs down the road, any time life circumstances change.
Without professional legal guidance, the likelihood of making critical mistakes increases significantly for DIY will kits. There is often no customer support if questions arise while preparing the will. This can potentially lead to an invalid or contested will.
In summary, while DIY kits can serve as a viable starting point for Canadians with simpler estates, those with complex assets or unique family situations should consider professional legal assistance to ensure comprehensive protection and proper distribution of their legacy.
Examples of Popular Online Will Kits in Canada
Many DIY will kit options exist across Canada, both online and in retail stores. Here are 4 most well-known choices:
Willful
Willful is Canada’s leading online will platform, operated since 2017. They offer a comprehensive will package for individuals and couples, which includes unlimited updates for one year. They also provide a specialized notarial will service for Quebec residents.
LawDepot Will Kit
LawDepot is a reputable online source for legal documents, including wills. They charge a monthly subscription of $54 after a 1-week free trial. Their DIY will kit provides a customized fill-in-the-blank will template along with tools to create estate planning documents.
Legal Wills
Legal Wills is a Canadian online platform for DIY wills, powers of attorney and other estate planning documents with over 2 million Canadian customers. Their basic customized MyWill product costs $49.95 CAD. Additional products and features are available.
Epilogue Wills
Epilogue provides a modern approach to online will creation with packages starting at $139 for individual wills. Their platform features an intuitive questionnaire system that typically takes 20 minutes to complete. They offer free updates for the first year and provide customer support through licensed paralegals.
When selecting a DIY will kit, be sure to choose one that is specialized for your particular province, offering clear usage instructions, good customer support, and legal accuracy.
What are the Alternatives to Consider Instead of DIY Will Kits?
While DIY will kits are one affordable option, three alternatives exist to create more comprehensive legal wills and estate plans:
Hire an Estate Planning Lawyer
For those with more complex assets and intentions, working one-on-one with an estate lawyer allows the creation of a truly customized estate strategy tailored to your unique financial and family situation. Costs more but provides greater certainty.
Use an Online Will-Writing Service
A hybrid between DIY kits and lawyers, online will services like Willfull.co and Freewill.com provide customized documents while being more affordable than traditional lawyers. Useful for moderately complex estates.
Consult Free Government Resources
Some provincial governments provide free general DIY will templates that residents can download and customize. However, proper execution is still required for legal validity.
Regardless of the route, having some form of outlined, legally executed will is wise financial planning for all Canadian adults.
Explore more insights on inheritance and end-of-life matters:
- What Happens If You Die Without a Will in Canada?
- Average Funeral Cost
- What Happens To Bank Accounts After Death?
Key Takeaways on Canadian Will Kits
- For Canadians with relatively small, simple estates, DIY will kits provide an accessible starting point for basic estate planning.
- However, DIY kits have limitations in handling complex assets, taxes, dependencies, and other specialized situations. Their one-size-fits-all approach lacks customization.
- Kits carry a higher risk of errors compared to professionally drafted wills. Updates and revisions also require making an entirely new will each time.
- Alternatives like estate planning lawyers and online will-writing services offer greater flexibility for more intricate estates.
While affordable and straightforward in many cases, will kits are unable to match the personalized customization that an estate planning lawyer can provide for more complex situations. For optimal protection and distribution of your legacy, seek professional legal expertise when creating a will.
Hopefully, this guide gave you deeper insight into DIY will kits, including what’s included, pros and cons, legalities, alternatives, and factors to consider when planning an estate.
Common Questions About DIY Will Kit Canada
Here are answers to some frequently asked questions about Canada will kits:
Are handwritten wills legal?
Yes, in most provinces, a handwritten holographic will is valid if properly signed and witnessed. Exceptions are Quebec, Manitoba and Saskatchewan which require typed wills.
Where should I keep my DIY will?
Keep the original signed document somewhere very secure, like a fireproof safe, safety deposit box, or with your lawyer if possible. Also, provide copies to executors and consider registering them with your province.
Do witnesses have to read my entire will?
No, witnesses only need to watch you sign the will. They don't need to read the contents.
Can I make changes to my DIY will later on?
Yes, minor changes are possible via a signed and witnessed codicil. However, major amendments require creating a new will entirely. Updating DIY wills may need legal help.
If I handwrite my will, do I need a witness?
It depends on your province's laws, but most require two eligible witnesses, even for holographic DIY wills. Always check your provincial regulations.
What happens if I die without a will in Canada?
Each province has intestacy laws to handle such cases. Assets typically go to predetermined heirs by default, which may not be your preference. Dying without a will also risks leaving out common law spouses entirely.
How much do DIY will kits cost in Canada?
DIY will kits range from $15 to $50 generally. Some free will templates are available online as well. Kits purchased in stores may be more expensive than printable online kits.
Where can I find a DIY will kit in Canada?
You can find DIY will kits both online and in many retail stores across Canada. Popular options include Staples, Walmart, Amazon, Best Buy, shoppersdrugmart.ca, Costco, and various legal self-help websites.
What is the best DIY will kit in Canada?
Some top-rated DIY will kits in Canada include LawDepot, LegalWills, Estate Direct, and WillForm. When choosing a DIY will kit, ensure it is customized for your specific province and has clear instructions.
Do I have to use a computer for a DIY will kit?
No, some DIY will kits can be purchased as physical packages with printable paper templates, allowing you to fill out your will manually. However, many kits are online and require a computer.
How long does it take to make a DIY will in Canada?
With the templates and guides provided, you can typically complete a DIY will kit in 1-3 hours. Exact timing depends on the complexity of your estate and assets.
Can I use a DIY will kit from the USA in Canada?
No, American will kits do not align with Canadian estate laws. Ensure you use a kit created specifically for your Canadian province so your will is legally valid.
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