A Will, also called the Last Will and Testament, is a document that outlines how your property and personal assets will be distributed upon your death. A Will sets out your beneficiaries (the individuals who will inherit your assets), an executor or trustee (the individual who will be in charge of managing your estate after you pass), and it can outline any other wishes you may have.

The short answer is yes, you can create your own Will without a lawyer. As long you are at least 18 years old and have mental capacity when you create the Will, and the Will is physically signed in wet ink by you in the presence of two valid witnesses who also sign the Will, it will be considered a validly created Will.

You may also create a special Will without witnesses called the Holographic Will. To do so properly, the entire Will must be handwritten by you. The Holographic Will cannot be digitally created, even partially.

Making your own Will may have its disadvantages as it is sometimes a complicated process for those who are not familiar with legal terminology. Additionally, if you make a mistake in your Will, your estate may not be distributed in the way you wanted which may lead to family members being disappointed and beneficiaries taking your estate to court.

As a result, it is a smart idea to create a Will with the help of a lawyer. A lawyer who is experienced in the creation of Wills knows the requirements of a valid Will and can ensure even the most complex wishes are properly integrated into the document.

If you pass without having created a Will, you will be considered to have died intestate and the law will govern how and to whom your property is distributed. In Ontario, the Succession Law Reform Act sets out rules that help determine who should be your executor and your beneficiaries, how to distribute your assets, and who should become the guardian of any minor children.

Generally, the law states that your estate will be distributed to your closest family starting with your spouse, then children, grandchildren, parents, and so forth to your next of kin.

It is important to note that common-law partners and step-children who have not been adopted have no right to your property in the case you die intestate.

Unfortunately, what the law states is often not what you would have wanted. Therefore, if you would like to have control over how your property will be distributed upon your death, it is best to execute a Will.

Your Will does not take effect the day it is signed. Instead, it becomes effective the moment your die. While you are alive, your Will does not give your executor the authority to manage your property or make any decisions regarding your estate, even if you become mentally incapacitated. Your beneficiaries also do not have the right to your property and their inheritance before you die. Furthermore, a Will does not govern any health care decisions while you are alive.

Other documents are required to allow someone to make decisions while you are alive. A Power of Attorney for Property and a Power of Attorney for Personal Care will give the person you named as your attorney the power to manage your assets and make health-related decisions on your behalf if you become incapable of doing so yourself.

You may change an existing Will by adding a Codicil to it. A Codicil is a special type of document that supplements, modifies, or revokes a Will or part of the Will.

If you want to revoke a Will, this may be done so in writing by executing a new Will with a statement saying that this new Will is your latest and primary Will, and it revokes all previous Wills and Codicils.

Another way to fully revoke a Will is to physically destroy the original copy. This should be done by shredding the document or burning it.

According to law, a Will is also generally cancelled when the person who made the Will gets married or remarried. However, simply getting a divorce does not revoke the Will. Instead, after divorce the Will is read as though your ex-partner has passed before you.

Losing an original copy of your Will can be problematic. If you die and your executor cannot find the original copy of your Will, the court will assume that you have physically destroyed and revoked it. Even if you have a copy of your Will, it will not be sufficient.

The duty of proving that you have not revoked or destroyed your Will and proving the contents of your Will falls to your beneficiaries.

It is essential that you store your original Will in a safe place, such as in a safety deposit box or at a lawyer’s office, and ensure your executor will have access to it when you die.

A Will is valid from the moment it is signed, and it does not expire. Even if the Will was executed 30 years prior to death, it will still be read as a valid document that will govern the distribution of your property.

However, sometimes as life circumstances change, so may your wishes. Therefore, it is a good practice to re-read your Will every few years to make sure it still meets your hopes and expectations on how your property will be dealt with.

Although you may always outline how you would prefer to be treated after death in your Will, these requests are not legally binding. You should discuss special wishes with your executor as they will be the individual ultimately making the decision regarding this process.

The Will may also not be read until after a funeral has occurred, so if you have a specific preference for funeral arrangements that are not known to your family and executor, your wishes may not be fulfilled. Communicating your requests to a trustworthy executor is the best way to ensure your arrangements are carried out.

Typically, you can leave your property to anyone you choose, even if it is to a stranger or a charity. Your Will may leave out your spouse, children, and other relatives.

However, if you decide to not include your close relatives as your beneficiaries, you may open your estate to the possibility of getting sued in court.

Additionally, your spouse has the option of electing to go against the provisions in your Will and instead may elect to receive part of your estate. Your spouse and any dependents you leave behind, such as your children, may also be entitled to receive support payments from your estate.

Due to the high chance of someone taking your estate to court, talk to your lawyer if you do not wish to include your close family in your Will. A lawyer can help minimize any risks of future litigation.

Generally, when you first meet with a lawyer, the lawyer will ask you to provide a piece of identification and to fill out an intake form with your information and any family details, types of assets you have, whom you want to name your beneficiary and executor, etc.

Do not be apprehensive if your lawyer asks to speak to you alone. They are acting in your best interests and are simply trying to understand if you are making your wishes without influence by family or friends, and that you are mentally competent to legally make a Will.

After meeting with the lawyer, the lawyer will draft a copy of your Will and ask you to review it. If it outlines all your requests, you will be called in for an appointment to physically sign the Will in ink. While Wills may be physically signed over video conference, Wills signed digitally are not valid in Ontario.

Once the Will is signed by yourself, your witnesses, and your lawyer, you will have to store the Will in a safe place or ask the lawyer to keep it in their office.