What do I need to think about when making a will?
Question & AnswerWhat do I need to think about when making a will?
Once you decide to make a will, think about:
- your , who is the person you trust to carry out the directions in your will
- your , who are the people and organizations you want to leave your property to
- who will care for your children under the age of 18
- who will manage the property you left for your children under the age of 18
- who you want to give specific property, like jewellery or a car, that may be valuable or have sentimental value to you
- what you want to happen at your funeral
If you have a , you cannot make one will for both of you. You must each make your own will.
Who can make a will
To make a will you must be . This means that you understand:
- why you're making a will
- how much property you have
- which of your dependants should be included as beneficiaries
Your will may be challenged if you make it when you're not or if you don't include dependants. A dependant is a person you were supporting financially before you died or a person the law says you must support.
You must also be at least 18 years old to make a will. But you can be younger than 18, if you're:
- legally ,
- a member of the Canadian armed forces, or
- a sailor
Get legal help
It's possible to make a will yourself. But it's usually a good idea to talk to an estates lawyer before making one. A lawyer can make sure you follow all the rules for making a will and help you make an plan than meets your needs.
For example, a lawyer can tell you how to reduce probate fees, if there are any dependants you should include in your will, and what happens if a beneficiary dies before you do.
If you have a low income, you may be able to get help from Queen’s University Elder Law Clinic. You can also call your local community legal clinic to see if they help with wills. If you have a simple estate, there are services such as Axess Law, that provide legal services at lower rates.
See here for a list of legal clinics that help with wills and Powers of Attorney.
If you have a large or complicated estate, it might be a good idea to talk to a financial advisor as well an estates lawyer.