Making a Will Online in Canada: Understanding When It's Suitable and When It's Not

Creating a will online has become increasingly popular in Canada, offering a potentially convenient and cost-effective option for estate planning. However, like many legal tools, online wills aren't suitable for everyone. Understanding when an online will makes sense – and when it doesn't – helps you make an informed decision about your estate planning approach.

Understanding Online Will Platforms

Online will-making platforms function somewhat like an interview process, asking you questions about your situation and wishes, then generating legal documents based on your responses. Think of them as digital guides walking you through the will-creation process, using templates and predetermined options to create your final document.

When Online Wills Make Sense

Online wills often work well for people with relatively straightforward situations. Let's explore what "straightforward" typically means in this context.

Suitable Situations

An online will might work well if your situation includes these characteristics:

• Your family structure is traditional and uncomplicated. For instance, you're in your first marriage with children from only this marriage, and all your children are adults without special needs.
• Your assets are simple and clearly defined. This might mean you own a house, have regular bank accounts and investments, and possess typical personal property without complex business interests or international assets.
• Your distribution wishes are straightforward. You might want to leave everything to your spouse, then equally to your children if your spouse doesn't survive you.
• Your estate value falls well below tax thresholds, meaning complex tax planning isn't necessary.
• All your assets and beneficiaries are in Canada, avoiding international legal complications.

When Professional Help Is Necessary

Some situations require more sophisticated estate planning than online platforms can provide. Understanding these circumstances helps you avoid potential problems.

Complex Family Situations

Professional legal help becomes important when your family situation includes:

• Blended families with children from different relationships
• Common-law relationships that may not be clearly recognized
• Family members with special needs who require trust arrangements
• Strained family relationships that might lead to estate challenges
• Recent divorces or separations affecting asset distribution

Complex Assets

Seek professional guidance if you have:

• Business ownership interests requiring succession planning
• International properties or investments
• Significant art collections requiring professional valuation
• Complex investment portfolios needing tax optimization
• Agricultural or specialized equipment requiring specific handling

Sophisticated Planning Needs

Professional assistance proves valuable when you need:

• Tax planning strategies for larger estates
• Trust arrangements for asset protection
• Special provisions for charitable giving
• Complex conditions on inheritances
• Business succession integration with estate planning

Understanding the Limitations of Online Wills

Even in seemingly simple situations, online wills have inherent limitations you should consider.

Technical Constraints

Online platforms typically:

• Offer limited customization options
• Use standardized language that might not perfectly fit your situation
• Provide minimal guidance for complex scenarios
• Cannot adapt to unique provincial law variations
• May not update quickly when laws change

Legal Considerations

Important legal aspects to consider:

• Online platforms cannot provide legal advice about your specific situation
• They may not catch subtle issues that could affect your will's validity
• Provincial law variations might not be fully addressed
• Complex clauses might not be available or might be unclear
• Future changes in law might affect standardized provisions

Making Online Wills Work Better

If you decide an online will suits your situation, these strategies help ensure better results:

Preparation Steps

Before starting the online process:

• Create a complete inventory of your assets
• List all potential beneficiaries with current contact information
• Think through various scenarios requiring different distributions
• Gather important documents like marriage certificates or property titles
• Review your province's specific requirements for valid wills

During the Process

While creating your online will:

• Take your time answering questions thoroughly
• Save your work frequently
• Print drafts for review before finalizing
• Consider having a legal professional review the final document
• Ensure proper witnessing according to provincial requirements

Provincial Considerations

Different provinces have varying requirements affecting online wills:

Ontario

• Requires two witnesses for valid execution
• Allows virtual witnessing under certain conditions
• Has specific rules about spouse relationships and marriage effects on wills

British Columbia

• Has strict witnessing requirements
• Recognizes electronic wills under specific conditions
• Maintains different rules for marriage effects on wills

Quebec

• Uses a distinct civil law system requiring special considerations
• Has different rules for will forms and execution
• Might require notarial involvement in certain situations

Maintaining Your Online Will

Remember that creating your will is just the beginning:

Regular Reviews

Schedule reviews of your online will:

• Every few years to ensure it remains current
• After major life changes like marriages, births, or deaths
• When acquiring significant new assets
• If moving between provinces
• When laws change affecting estate planning

Updates and Changes

Understand how to modify your online will:

• Whether the platform allows updates
• Costs associated with changes
• Requirements for making valid changes
• How to properly document updates
• When to consider creating a new will instead

Online wills can provide a valid and cost-effective estate planning solution for people with straightforward situations. However, they're not suitable for everyone. Carefully evaluate your circumstances, understanding both the benefits and limitations of online will creation.

If you're uncertain whether an online will suits your situation, consider consulting with a legal professional. The cost of professional advice often proves worthwhile compared to the potential problems of an inadequate or invalid will.

Disclaimer: This guide provides general information about online wills in Canada. Specific requirements vary by province. Consult with legal professionals for advice tailored to your situation.