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Frequently asked questions

Plain-language answers on Canadian estate planning and how Legalify works. Search below, browse by category, or continue reading in the Learn centre.

Using Legalify

Using Legalify

How the guided workflow, accounts, and documents work in practice.

What is an online will kit in practical terms?

It is a structured questionnaire that turns your answers into a formatted will you can print and sign according to your province’s execution rules. Legalify keeps sections, backups, and contacts consistent so you are less likely to leave gaps.

Can I save progress and come back later?

Yes. Your draft is stored with your account so you can pause and return. You can also revise later when your family or assets change, subject to the update terms for the plan you purchased.

How long does it usually take to finish a first draft?

Many people reach a first complete draft in well under an hour. Complex families, trusts, business assets, or charitable structures can take longer—and may still deserve a lawyer’s review.

Can two adults in a household each use Legalify?

Bundles that include two adults are designed so each person completes their own guided path and receives their own documents. Compare the pricing page for what each tier includes.

What documents might be included beyond a will?

Higher tiers may add powers of attorney, an asset list, or other forms listed on the pricing page. Exact inclusions change by bundle—read the plan comparison before checkout.

Validity & provinces

Validity & provinces

What “valid” means in Canada, provincial differences, and when to involve a lawyer.

Is a will made with Legalify legally valid in Canada?

A will’s validity depends on provincial statute, correct execution (including witnesses where required), and your facts. Legalify helps you produce a complete draft and signing guidance, but it does not guarantee a court outcome in every dispute.

Which provinces and territories does Legalify focus on?

The product is built around Canadian estate-planning expectations. You select your province in the flow so wording and prompts align where possible—always read on-screen notices that apply to you.

Do I still need a lawyer if I use Legalify?

Legalify is not a law firm. For straightforward estates, many people complete documents with online tools. For blended families, litigation risk, business interests, tax planning, incapacity questions, or large trusts, a lawyer is strongly recommended.

Wills & intestacy

Wills & intestacy

Core concepts: what a will does, holograph wills, updates, and dying without a will.

What is a holograph will, and does Legalify produce one?

A holograph (wholly handwritten) will is recognized in some provinces under strict conditions. Legalify produces typed documents you print and sign—follow the execution steps for your province rather than mixing informal handwritten pages unless you have independent advice.

What happens if I die without a valid will?

Provincial intestacy statutes set a default order of who inherits and who may administer the estate. Those defaults may not match your partner structure, charitable goals, or guardian preferences.

Common-law partners may have no statutory share in several provinces—another reason to document wishes explicitly.

When should I update my will?

Review after marriage, separation, birth, death of a beneficiary or executor, major asset moves, or relocation. Some life events interact with provincial revocation rules—do not assume an old will still reflects your intent.

Can my will deal with digital accounts?

You can leave directions and passwords in appropriate places, but platform terms and privacy laws still apply. Some assets are not truly “owned” in a way your will can transfer.

Do business owners need more than one will?

Some corporate structures use multiple wills to separate assets that do not require probate—this is advanced planning. Legalify may not cover every corporate scenario; seek counsel for complex holdings.

Beneficiaries & gifts

Beneficiaries & gifts

Who can inherit, specific gifts, residue, and charitable giving.

Who can be named as a beneficiary?

Most adults can inherit; minors may receive assets through trusts or guardianship structures. Charities can be named with accurate legal names. Certain witness-beneficiary conflicts must be avoided—follow prompts in your flow.

What is the “residue” of an estate?

The residue is what remains after specific gifts, debts, taxes, and expenses. Clear residue clauses reduce fights among heirs—your backup beneficiaries matter if a primary gift fails.

Can I leave money to a charity in my will?

Yes. Use the charity’s registered legal name and consider alternate charities if one winds up operations. Receipting and tax treatment follow CRA rules separate from the will itself.

Does joint ownership replace what my will says?

Jointly held property with right of survivorship often passes outside the estate by operation of law. Your will may not control those assets—confirm titles and align designations with your intent.

What if a beneficiary has a disability?

Direct inheritances can affect government benefits. Many families use discretionary trusts or Henson-style structures—this is specialised planning you should discuss with a lawyer and tax advisor.

Executors & estate trustees

Executors & estate trustees

Choosing an executor, duties at a high level, and cross-border friction.

What does an executor actually do?

The executor (estate trustee / liquidator) gathers assets, pays debts and taxes, accounts to beneficiaries, and distributes property according to the will—often with court oversight where probate applies.

How should I choose an executor?

Pick someone organized, trustworthy, and able to serve for months or years. Consider geography, age, and whether a trust company makes sense. Name at least one alternate.

Can my executor live in another province or country?

Non-resident executors can face bonding, security, or institutional pushback depending on where assets sit. Courts may require extra steps—confirm this choice when your estate includes real estate or litigation risk.

Can an executor be paid?

Executors may be entitled to compensation under statute or the will’s terms, subject to court approval in some disputes. Reasonable expenses are separate from personal legacies.

Guardians & pets

Guardians & pets

Nominations for minors and companion animals—how courts and plans interact.

How does guardian nomination work for minor children?

Your will can record your preferred guardian for care of the person (and sometimes property). A court ultimately decides in the child’s best interests, but a clear nomination carries weight.

Can I plan for pets in my will?

Animals are treated as property under Canadian law, but you can leave a caregiver bequest and instructions. Non-binding letters of wishes can describe routines and veterinarians.

Witnesses & signing

Witnesses & signing

Execution formalities, witness eligibility, and common signing mistakes.

Who can witness a will in Canada?

Rules vary by province. Generally witnesses must be adults who are not beneficiaries under the will (and not spouses of beneficiaries where restricted). Follow the printed instructions for your province.

Can a will be signed or witnessed remotely?

Some provinces introduced temporary or permanent remote witnessing rules for certain documents; requirements differ. Unless your jurisdiction allows remote witnessing for wills and you follow every step, assume in-person execution is safer.

Do I need a lawyer or notary to “approve” my will?

In many provinces lay witnesses suffice if execution rules are met. Notaries play different roles in Québec and civil-law contexts. Legalify provides guidance but does not replace province-specific formalities.

Probate & certificates

Probate & certificates

When courts issue certificates, and what probate is for.

What is probate?

Probate is a court process that confirms a will’s validity and appoints an executor where required. Financial institutions and land registries often want a certificate before transferring certain assets.

What is a certificate of appointment of estate trustee?

In Ontario, this is the common label for probate’s output naming an estate trustee. Other provinces use different names—function is similar: court recognition so third parties can rely on authority.

Is probate always required?

Not always. Small estates, certain joint assets, and cooperative institutions may reduce the need. Where real estate or complex accounts exist, expect probate or equivalent court steps more often.

Powers of attorney

Powers of attorney

Property vs personal care authority, capacity, and forms by province.

What kinds of powers of attorney exist in Canada?

Most provinces distinguish property (financial) authority from personal care or health decisions. Names and forms differ—Representation Agreement, Enduring Power of Attorney, Mandate, and so on.

How is a power of attorney different from a will?

A POA operates during life while you are alive but may lack capacity—depending on type and wording. A will speaks at death. You generally need both documents for different phases.

When does a power of attorney take effect?

Some instruments are immediate; others are “springing” on incapacity. Wording and provincial forms control the effect—do not assume a POA waits until you lose capacity unless it says so.

Marriage & life changes

Marriage & life changes

Marriage, separation, divorce, and common-law relationships in estate planning.

Does marriage affect an existing will?

Historically marriage could revoke a prior will in some provinces; reforms have changed that in several jurisdictions. Do not guess—refresh your will when you marry and confirm local law.

We are separated but not divorced—what should I know?

Until divorced, many statutory spousal rights still exist unless released or varied by agreement. Update your will, powers of attorney, and beneficiary designations on plans and insurance.

Do common-law partners inherit automatically?

Only in certain provinces do common-law partners receive intestate shares after meeting statutory thresholds. Elsewhere, without a will a partner may inherit nothing—plan explicitly.

Plans, billing & security

Plans, billing & security

Pricing, updates, refunds, data protection, and getting help.

What is your refund policy?

Paid plans include a 30-day satisfaction window when the product is not the right fit, subject to the terms shown at checkout and in our legal pages.

Do I pay again when I update my will?

Plans that advertise lifetime updates for the purchased scope allow you to revise within those terms without re-buying the same bundle. See pricing for what each tier includes.

How is my information protected?

We use industry-standard protections for data in transit and at rest. Read the Privacy Policy for retention, access, and your choices.

What is the Canada Will Registry code?

Where a bundle includes a registration code for the Canada Will Registry, use it according to the registry’s instructions. Availability is described on the pricing page.

Where do I get help if I am stuck?

Start with Support and the Learn centre articles. For interpretation of law as it applies to you, consult a qualified lawyer in your province.

Still unsure? Visit Support or speak with a qualified lawyer in your province about your specific situation.

Document your wishes with confidence.

Work through the questionnaire at your own pace, save progress, and review outputs before you finalize.