How Do I Make a Will?
Many people delay writing a will because they find it uncomfortable or confusing. Life events, such as marriage, having children, or purchasing property, can prompt questions about how to safeguard a family’s future. Understanding what a will is, why it matters, and how to create one can offer peace of mind and keep loved ones protected when you are no longer here.
The Answer
Generally, a will is a legal document that outlines who receives your property and how your affairs should be handled after your passing. In Canada, each province has rules defining the requirements for a valid will—often involving witnessing, signing, and ensuring the person making the will (the “testator”) has the necessary mental capacity. Similar principles exist in the United States, though each state may have unique standards. In either country, the main idea is to create a written record that designates beneficiaries for your assets and appoints a personal representative or executor to manage tasks like paying debts, filing taxes, and distributing inheritances.
A will can be as simple or detailed as you want. Some individuals have modest estates that need only a handful of instructions, while others include trusts or guardianship provisions for young children. What matters most is that you follow the local requirements so the courts will recognize and enforce it.
Key Considerations
- Legal Capacity
The testator should be an adult of sound mind. In many places, being 18 years old is enough to meet the age requirement, though some jurisdictions let younger individuals create a will if they are married or in the military. Mental soundness typically means the person understands the nature of the will, the extent of their property, and who might reasonably expect to inherit. If there is any doubt about capacity, it may help to consult a doctor or lawyer for documentation. - Formalities
Many provinces in Canada and most states in the U.S. require that wills be typed or printed, signed by the testator, and witnessed by two or more individuals. These witnesses cannot typically be beneficiaries. Holographic wills—fully handwritten and signed by the testator—are valid in some jurisdictions, but rules differ. Seeking professional advice can reduce errors that cause the will to fail later. - Executor or Personal Representative
You will need to name an executor (sometimes called a personal representative) to carry out your instructions. This person should be trustworthy, organized, and willing to handle tasks like dealing with creditors, paying taxes, and distributing assets. It’s wise to check with the individual before naming them, so they are aware of the responsibility they might need to accept. - Guardianship of Minor Children
If you have children under 18, designating a guardian is a key part of your will. This step ensures someone you trust will look after them if both parents or guardians pass away. Address financial arrangements, too, so the guardian can use funds appropriately for the children’s well-being. Some parents create a trust in the will to manage money until the children reach a certain age. - Residue of the Estate
A will typically includes separate gifts for specific items or sums of money. However, everything else left after paying debts and taxes is known as the residue. Identify the beneficiary or beneficiaries of the residue, since that portion often forms the bulk of an estate. An alternate beneficiary is also advisable in case the first choice cannot receive the inheritance. - Updating or Revoking a Will
Life changes—such as divorce, remarriage, or the birth of a child—may require revisiting your will. In some jurisdictions, a marriage automatically revokes a will. It’s helpful to review your will every few years to ensure it still reflects your wishes and meets legal standards. You can update it by creating a codicil (an amendment) or by drafting a new will that specifically revokes the old one. - Storing the Document
Keep your original will in a safe place. Many people store it in a fireproof box at home or with a lawyer. Let your executor or close family members know where to find it. Some provinces or states allow you to register your will with an official registry, which can simplify matters if you pass away unexpectedly.
Legal Remedies
- Consulting a Lawyer or Notary
While do-it-yourself will kits exist, errors can lead to confusion or even litigation. Speaking with a lawyer or notary familiar with estate law in your province or state can help avoid pitfalls. They can ensure the will meets formal requirements, confirm you have capacity, and discuss more advanced provisions if you have unique needs—such as blended families, business holdings, or international properties. - Court Involvement (If Disputes Arise)
If someone challenges your will—for instance, by questioning the testator’s mental capacity or alleging undue influence—a probate court may have to decide whether the will is valid. If a court finds the testator lacked capacity or the will was improperly witnessed, parts or all of it might be deemed invalid. Writing a clear, properly executed will and sharing your plans (if you choose) can reduce the risk of drawn-out legal battles later.
What to Do Next
- List Your Assets
Start by making a record of your property, including real estate, bank accounts, retirement plans, and personal items like jewelry or art. Decide who should receive each portion of your estate. - Choose an Executor
Select someone you trust who can handle the administrative duties. Have a backup in mind as well. Verify that each person is comfortable accepting the appointment. - Decide on Guardians
For parents or guardians of minor children, identify who you want raising them. Speak with your chosen guardian in advance, so everyone understands the plan. - Draft the Will
You can use a lawyer or notary, an online service, or a printed kit—depending on complexity and budget. Make sure the form you use follows the formal requirements in your area. Proofread it thoroughly. - Sign and Witness
Before you finalize the document, ensure the signing process meets legal rules. Typically, the testator signs in front of witnesses, who also sign. Keep track of each step to avoid any challenges about authenticity or improper witnessing. - Secure the Document
Store the original will in a secure, accessible location. Let the executor and close relatives know where to locate it in case of an emergency.
Final Thoughts
Creating a will helps loved ones avoid uncertainty and legal complications during a difficult time. Even if your estate seems small, having a clear, valid document prevents delays and disputes. By following the formal requirements in your province or state, choosing trustworthy individuals to carry out your wishes, and reviewing the will after major life changes, you can leave a thoughtful plan behind.