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Frequently Asked Questions

  • What is a Will?
  • What assets are not covered by your Will?
  • Who can make a Will?
  • What is an Executor?
  • How do I appoint a Guardian for my children?
  • Do I need a lawyer to prepare my Will and Estate Documents?

Will is a legal document that sets out how you intend your estate to be handled after your death. Your Will comes into effect only upon your death. During your lifetime, you can change your Will as often as you wish. Without a Will, the courts gets to decide who manages your estate, how to divide your assets, and who to care for your minor children.

Your Will does not deal with all the property which you may own at your death. For example, the following property which you might own would not be part of your estate governed by your Will:

  • Any property you own jointly with another person as true joint tenants;
  • Any property such as an RRSP or life insurance policy in which you have designated a beneficiary; and
  • Any trusts established while you are still living.

To make a valid Will you must be over the age of majority in your province and have testamentary capacity. This means you must understand:

  • what a Will is and understands that it will be legally binding upon your death;
  • what property you own and its approximate value; and
  • to whom you owe a legal or moral obligation to look after if you should die.

Your Will may be invalid if anyone has forced you to make your Will a certain way. Your Will may also be invalid if, at the time you make it, you suffer from any insane delusions affecting your powers of reason or judgment or if you lack testamentary capacity.

The executor pays your debts and divides what remains of your estate among the “ beneficiaries,” the people named in your will to receive a share of your estate. Choose an executor you trust and who will likely still be alive when you die. Carrying out the terms of your Will may be a short-term or a long-term job. Your executor will make crucial decisions and it is important that he or she should have good judgment and business sense as well as be able to relate well with the members of your family.

You should also consider such factors as availability, willingness, age, health, residency, trustworthiness, impartiality and financial stability.  You should also appoint an alternate executor if the first executor is not able to act. Our platform will guide you through out the entire process of preparing your Will.

If you die without a Will (or a Deed) appointing a guardian for your children and no surviving parent has legal custody of your children, the office of guardianship in your province becomes the guardian of your children or the court may appoint a guardian. In order for a relative or other person to become a guardian of your children, that person will have to apply to the court for an order appointing him or her as guardian.

If you wish to appoint a guardian for your minor children, you should make a Will. You should also provide for alternate guardians in the event the person you have appointed is unwilling or unable to act. Our easy-to-use platform will help you name a guardian in your Will so it's legally binding. 

A lawyer is not required to create a valid Will. Our documents, however, are drafted by experienced licensed lawyers so you can have the peace of mind of knowing that your will and estate documents are properly drafted and valid, and that your instructions will be followed according to your wishes when you pass away.