TL;DR Probate is the legal process of validating a Will and granting the Executor authority to administer the estate. The Canadian provinces each establish different probate fees which range from zero charges for notarial Wills in Québec to 1.695% of estate value in Nova Scotia. Probate is required in most cases where the deceased owned […]

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TL;DR Your Will should focus on distributing your assets, naming an Executor, and appointing a guardian for minor children. You should not include funeral instructions because your Will might not reach people before the funeral takes place. Your Will should not contain any illegal or public policy-violating conditions. Your Will should exclude all jointly owned […]

The post Creating Your Will: What Not to Include appeared first on The Canadian Legal Wills Blog.

TL;DR A Last Will and Testament distributes your assets after you die. A Living Will (also called an advance directive or healthcare directive) documents your medical treatment preferences in case you become incapacitated and cannot communicate. These documents operate as separate legal instruments which fulfill distinct functions during their designated time periods. All Canadian residents […]

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TL;DR Your existing Will in Canada will continue to hold legal validity when you move to another province but the new provincial laws will prevent it from working as you intended. The provinces maintain separate legal systems which determine how to handle Will execution and estate management and Powers of Attorney and the distribution of […]

The post Moving to Another Province: Do You Need to Rewrite Your Will? appeared first on The Canadian Legal Wills Blog.

TL;DR The time when you expect a child requires you to build a new estate plan or make changes to your existing plan. New parents need three essential documents: a Will (naming a guardian for your child and an Executor for your estate), a Power of Attorney for finances, and a Power of Attorney for […]

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TL;DR You can create a Will at any age no matter how young you are. All people who own assets after they reach 18 years old (or 19 in some provinces) must create a Will if they want to protect their belongings and their surviving dependents and their death wishes. Young adults need special estate […]

The post A young person’s guide to writing a Will appeared first on The Canadian Legal Wills Blog.

How does a Trust work with a Will? In Canada, you can set up different types of trusts within the Will, we give a complete overview here.

The post All about Trusts: how to include a Trust in your Will appeared first on The Canadian Legal Wills Blog.

TL;DR A holographic Will functions as a handwritten document which eliminates the need for witness signatures. The provinces of Ontario, Alberta, Saskatchewan, Manitoba, New Brunswick, and Québec recognize this legal document. A holographic Will serves as a better option than no Will at all but it creates major legal problems because its unclear content makes […]

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TL;DR The Canadian government has not created an official Will Kit which serves as their standard government-issued document. The Canadian federal government does not offer citizens any resources which include Will templates and complete Will kits. The market offers several cost-effective options which produce valid legal documents through LegalWills.ca and other online Will services that […]

The post A Government of Canada Will Kit: Does it exist? appeared first on The Canadian Legal Wills Blog.

TL;DR Executors in Canada are entitled to compensation for their work. If the Will does not specify a fee, most provinces allow executors to claim up to 5% of the estate value as compensation, though the exact amount is subject to court approval. You can set executor fees directly in your Will, either a fixed […]

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