Topic

Wills, trusts & foundational planning

Testamentary dispositions, intestacy fallbacks, trusts used with or instead of wills, and practical add-ons such as pet provisions.

17 guides in this topic.

What should Canadians know about a last will and testament?
A testamentary instrument names beneficiaries, appoints an executor (or liquidator), and can nominate guardians for minors; absent a valid will, provincial intestacy statutes supply a default distribution scheme.
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What belongs on an end-of-life planning checklist beyond a will?
Consider incapacity instruments (POA / representation agreements), location of original instruments, digital asset instructions, and care conversations—distinct from but complementary to testamentary dispositions.
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How does a trust arrangement differ from a will alone?
Wills generally speak at death and often require probate for certain assets; inter vivos or testamentary trusts may alter administration timing, trustee powers, and privacy—subject to drafting, funding, and applicable statute.
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How can you plan for companion animals in a will or non-binding letter?
Animals are chattels at law, yet targeted bequests, caregiver designations, and letters of wishes can reduce friction—provided conditions remain realistic and enforceable.
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What happens to a Canadian estate when someone dies without a will?
Each province's intestate succession statute dictates a fixed order of distribution — spouse preferential share, then descendants by representation, then ascending and lateral relatives — which rarely matches modern family structures.
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Planning for online accounts and digital assets in your will
Social-media profiles, cloud storage, subscription services, fintech balances, and cryptocurrency all form part of a modern estate; executor authority over them must be granted explicitly because platform terms and privacy statutes otherwise block access.
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Step-by-step: how to make a legally valid will in Canada
A practical sequence from inventorying assets and choosing fiduciaries through drafting, executing with two independent adult witnesses, and storing the original — tailored to common-law provinces and BC's digital-will regime.
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What is estate planning in Canada—and how is it different from “just a will”?
Estate planning is the wider set of choices about who receives what, who can act for you during incapacity, and how taxes, debts, and family-law claims might reshape the outcome. A will is often the centrepiece, but it is not the whole picture.
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Who is a testator—and what does “testamentary capacity” mean in plain language?
The testator is the person who makes the will. Courts expect that person to understand the nature of the act, the extent of their property, and the claims of people who might expect to benefit.
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Codicils, fresh wills, and revocation: how to update your plan cleanly
Small changes can be made by codicil in some cases, but many people are safer signing a new will that replaces the old one in full—especially after marriage, separation, or major asset shifts.
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Challenging or defending a will: high-level Canadian concepts (not a litigation guide)
Disputes can involve validity (formalities, capacity, undue influence), interpretation of ambiguous clauses, or separate family-law claims. Outcomes depend on evidence, timing, and provincial procedure.
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Online wills in Canada: what to verify before you treat a file as finished
Digital drafting can be convenient, but validity still depends on execution rules where you live, clear asset descriptions, and safe storage of the signed original—not a cloud screenshot alone.
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Debts, credit lines, and what happens if the estate owes more than it owns
Executors pay legitimate estate debts before beneficiaries. If assets cannot cover liabilities, beneficiaries may receive nothing—and certain gifts may abate according to legal priority rules.
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When does a lawyer’s review move from “nice to have” to strongly advised?
Blended families, competing obligations, disabled beneficiaries needing trusts, private corporations, foreign assets, or known family conflict usually warrant bespoke drafting beyond generic templates.
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Retail will kits and blank forms: where they help and where they break down
Kits can educate, but they cannot interview you about family dynamics, tax, or corporate restrictions. Illegible handwriting and missing witness pages are recurring probate problems.
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Using AI and forums for estate questions: speed versus accuracy
Generative tools can summarise ideas quickly but may hallucinate statutes or mix jurisdictions. Treat them as brainstorming assistants, not authorities.
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Age of majority across Canada: when can you make a will?
Every province sets an age at which a person can sign a legally valid will. Below that age the will may be void on its face — even with witnesses.
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What should Canadians know about a last will and testament?

What belongs on an end-of-life planning checklist beyond a will?

How does a trust arrangement differ from a will alone?

How can you plan for companion animals in a will or non-binding letter?

What happens to a Canadian estate when someone dies without a will?

Planning for online accounts and digital assets in your will

Step-by-step: how to make a legally valid will in Canada

What is estate planning in Canada—and how is it different from “just a will”?

Who is a testator—and what does “testamentary capacity” mean in plain language?

Codicils, fresh wills, and revocation: how to update your plan cleanly

Challenging or defending a will: high-level Canadian concepts (not a litigation guide)

Online wills in Canada: what to verify before you treat a file as finished

Debts, credit lines, and what happens if the estate owes more than it owns

When does a lawyer’s review move from “nice to have” to strongly advised?

Retail will kits and blank forms: where they help and where they break down

Using AI and forums for estate questions: speed versus accuracy

Age of majority across Canada: when can you make a will?