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, DIY will kits also have some limitations depending on a person’s assets and estate planning needs.
This extensive 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 DIY Will Kits?
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.
DIY 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, DIY 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 DIY 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 over the legal age in their province (18 or 19 in most, younger in some special cases)
- They must be of sound mind and understand 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
- Signatures must meet provincial witnessing requirements
Compliance with Provincial Laws
- 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
As long as these conditions are met, a DIY will made using a proper will kit can serve as a legal 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 eight most common components found inside a standard DIY 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 will 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 varies widely.
What’s the Pros of Using a DIY Will Kit?
For the right individual, DIY will kits offer three advantages:
Affordable Cost
The #1 benefit of DIY will kits is their low cost compared to hiring a professional. Quality will kits typically range from $15-$50. This represents significant savings over a lawyer’s $500+ fee for preparing a customized will.
Accessibility
Will kits are widely available both online and from stores across Canada. Canadians can easily purchase them without any special legal background or qualifications required – just carefully follow the included instructions.
Suitable for Simple Estates
For Canadians with relatively small, straightforward estates, a DIY kit may sufficiently meet their needs. These include basic distribution of modest assets like a house, bank accounts, vehicle(s) and personal possessions to predetermined heirs.
For such cases, a DIY will kit offers an affordable and straightforward option accessible to all income levels. However, experts recommend caution in using DIY kits for more intricate estate planning needs.
What’s the Cons of Using a DIY Will Kit?
While handy for some situations, DIY will kits also come with five drawbacks to carefully weigh:
Lack of Customization
The pre-made, one-size-fits-all templates offered by most DIY 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.
Difficulty of Updates
Making substantive changes or amending a DIY will requires making an entirely new will. This adds further costs down the road any time life circumstances change. Will kits provide no support for ongoing revisions.
Higher Risk of Errors
Without professional legal guidance, the likelihood of making critical mistakes increases significantly for DIY will kits. This can potentially lead to an invalid or contested will.
Gaps in Coverage
Basic fill-in-the-blank will kits cannot account for more specialized estate planning options like trusts, powers of attorney, estate tax minimization, succession planning and other tools lawyers can provide.
No Personalized Advice
DIY kits lack the expert personalized advice on estate planning strategies that a lawyer can offer. There is often no customer support if questions arise while preparing the will.
For any complex assets or estate planning situation, DIY kits lack the customization, comprehensiveness and expert support required for optimal protection and distribution of your legacy. However, they remain a viable starting point for Canadians with smaller, simpler estates.
Examples of Popular DIY Will Kits in Canada
Many DIY will kit options exist across Canada both online and in retail stores. Here are four most well-known choices:
LawDepot Will Kit
A reputable online source for legal documents, including wills. Their DIY will kit costs $39.95 and provides a customized fill-in-the-blank will template along with tools to create estate planning documents.
Estate Direct Will Kit
Found both online and in national retailers like Staples, this kit costs $24.99 and includes the core will template plus variants for all provinces, allowing users to generate a basic will tailored to their jurisdiction.
LegalWills.ca
A Canadian online platform for DIY wills, powers of attorney and other estate planning documents. Their basic customized will package costs $39.95. Additional products and features are available.
WillForm
Creates personalized wills tailored to Ontario laws. Their starter will package costs $39 and includes the primary will template, guides and supplemental materials needed to make a legal DIY will.
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 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 provide customized documents while being more affordable than traditional lawyers. Useful for moderately complex estates. Examples include Willful and LegalWills.
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.
Is a Lawyer Necessary for Making a Will?
While not an explicit legal requirement in most provinces, involving an estate planning lawyer in drafting a will has many benefits:
- Expert guidance on estate planning strategies and navigating complex laws for Common Law Relationships in Canada
- Customization to accommodate unique assets, intentions and family dynamics
- Reduced risk of future legal contests or disputes from disgruntled heirs
- Confirmation the will is fully legally compliant
- Peace of mind knowing the will stands on solid legal ground
For those with substantial or intricate assets, complex blended families, specific bequests requiring care, and other complex situations, a lawyer’s specialized expertise offers advantages over generic DIY will kits. Their counsel helps ensure your wishes are protected.
What Makes a Will Legally Valid in Canada?
For a DIY homemade will to be legitimate across Canada, these core elements must be included:
- Identifying details of the will-maker, such as legal name and address
- Statement revoking any former or existing wills
- 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
- Signatures of the testator and two eligible witnesses
Additional validity criteria like signing formalities apply under specific provincial regulations. But in general, these components are required for a DIY will to be legally binding across the country.
What are the Key Reasons for Canadians to Have a Will?
Here are nine top motivations for all Canadian adults to create a legally valid will:
Distribute Assets as You Wish
A will lets you decide who will inherit your financial assets, real estate, possessions, and other property after your passing. Without one, provincial laws dictate distribution.
Appoint Guardians for Minor Children
Choose trusted individuals who will care for any dependent children in the event of your death.
Select a Reliable Executor
Pick someone competent and responsible to carry out your wishes and administer the settlement of your estate.
Provide for Dependents Requiring Ongoing Care
Look after pets, elderly parents, special needs children, and anyone else requiring your continued support.
Outline Funeral and Burial Preferences
Most DIY will kits include forms allowing you to document your wishes around cremation, type of funeral service, organ donation and related topics.
Create Trusts
An estate lawyer can help you establish legal trusts within your will as a means of providing ongoing financial care and benefits to dependents.
Potentially Reduce Estate Taxes
Depending on your province and the size of your estate, strategic tax planning may minimize potential estate taxes owed.
Avoid Family Disputes
A clear will helps avoid infighting and arguments over your estate by documenting your intentions beyond doubt.
Gain Peace of Mind
The act of outlining your affairs provides comfort and assurance that you’ve put your house in order.
Explore more insights on inheritance and end-of-life matters:
- Receiving an Inheritance in Canada
- What Happens If You Die Without a Will in Canada?
- Inheritance Law in Canada
- Average Funeral Cost in Canada
Key Takeaways on DIY 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.
- All adults should still have some form of will outlining their wishes. But carefully consider if a DIY kit meets your needs.
While affordable and straightforward in many cases, DIY 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 Kits in Canada
Here are answers to some frequently asked questions about DIY 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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