The Ultimate Will Drafting Guide – Simard & Associates
Writing a will is one of the most important legal steps to protect your assets and ensure your loved ones are cared for according to your wishes. Studies show that nearly 50% of Canadian adults do not have a legally valid will, leaving their estates vulnerable to government-mandated distribution laws that may not align with their intentions. (Angus Reid Institute, 2023) This guide walks you through the essential requirements for creating a legally sound will, whether you’re preparing one for the first time or revising an existing document.
At Simard & Associates, Barristers & Solicitors, we specialize in estate planning and have nearly three decades of experience helping clients create legally sound wills.
Let’s walk you through how to secure your legacy with a well-structured will prepared by experienced legal professionals.
A will is a legally binding document that outlines how your assets, property, and personal belongings should be distributed after your passing. it serves as a crucial estate planning document. Not only does it help ensure that your loved ones are protected, but it also guides your grieving family on how to honour your wishes. It’s an important tool that facilitates the smooth handling of your estate without unnecessary legal hurdles.
Despite its importance, many people delay creating their will, often assuming that it’s only necessary for the elderly or the very wealthy. However, it goes without saying that every adult should have a will, regardless of their age or financial status. Without one, your estate may be distributed according to intestacy laws, which vary by jurisdiction and may not reflect your personal wishes.
A well-drafted will provides clarity and legal security in several key ways:
1. Protecting Your Assets and Ensuring They Go to the Right People
Without a will, your assets, such as real estate, bank accounts, and personal possessions, may be divided according to provincial laws rather than your own intentions. A will allows you to dictate exactly who inherits what and helps prevent disputes among family members.
2. Providing for Dependents and Minor Children
If you have children under 18, a will is especially crucial. It allows you to appoint a legal guardian so that your children are cared for by someone you trust in the event of your passing. Without this designation, the court may make that decision for you.
3. Avoiding Costly and Lengthy Legal Complications
Dying without a will (also known as dying intestate) means your estate will be subject to government-mandated distribution laws. In Ontario, this is handled by the Succession Law Reform Act. This can lead to lengthy probate processes, unexpected legal fees, and added stress for your family. A clear, legally valid will simplifies the process and minimizes potential conflicts.
4. Minimizing Taxes and Maximizing Your Estate’s Value
Strategic estate planning can help reduce taxes and legal fees. More of your assets will go to your beneficiaries rather than the government. Properly structured wills may include tax-saving strategies to protect your estate from unnecessary financial burdens.
5. Ensuring Your Final Wishes Are Honoured
Beyond financial matters, a will allows you to outline personal wishes, such as funeral arrangements, charitable donations, and specific bequests of sentimental value. These details ensure that your legacy is passed down the way you intended.
Without a legally valid will, you face two critical risks:
Loss of Control: The court, not you, will decide how your assets are distributed and who will care for your minor children according to provincial laws, which may not reflect your wishes.
Family Complications: Your loved ones may face lengthy probate processes, unexpected legal expenses, and potential disputes over inheritance matters during an already difficult time.
A well-drafted will provides peace of mind because your wishes are honoured and your family is protected.
Drafting a will is more than simply writing down your wishes. To ensure your will holds up in court and avoids challenges from family members or creditors, it must meet certain legal requirements and include a few essential components. , these are the core elements every valid will should contain.
1. Appointment of an Executor
The executor of the will is the person you appoint to carry out the instructions in your will after your passing. They will handle tasks like gathering up your assets, paying off debts, filing taxes, and distributing your estate according to your wishes.
When drafting your will, it’s critical to choose someone that you trust. Ideally, this individual should be someone who is organized, responsible, and familiar with your affairs. While family members are often selected, some people prefer to appoint a neutral third party, like a lawyer, to avoid potential conflicts.
TIP: A bilingual executor can be especially helpful if your family members speak different languages. The executor can see to it that all parties fully understand the process.
2. Clear Identification of Beneficiaries
A beneficiary is anyone who will inherit from your estate. Clearly listing each beneficiary’s full legal name, relationship to you, and what they are to receive is an essential step to avoid ambiguity.
Common Beneficiary Considerations
PRO TIP: Avoid generic phrases like “divide equally among my children” unless your family structure is very straightforward. Specificity prevents future disputes.
3. Distribution of Assets
A legally sound can include a detailed inventory of assets and clear instructions for their distribution. This includes:
If you have children under the age of 18, your will should include a section that appoints a legal guardian to care for them if you and the other parent pass away.
Why This Is Critical
Without clear guardianship instructions in your will, the court will decide who raises your children. This could result in this role being given to someone you would not have chosen.
PRO TIP: Consider naming a backup guardian in case your first choice is unable to fulfill the role.
4. Special Instructions and Personal Wishes
A will can also go beyond finances to outline your personal preferences, such as:
These sections may not carry the same legal weight as asset distribution, but they offer valuable guidance to your loved ones during a difficult time.
5. Witness and Signature Requirements
To meet the legal will requirements in most jurisdictions, your will must be:
Failing to follow these execution formalities could render your will invalid, regardless of how clear your wishes are.
6. Optional: Letters of Instruction
While not legally binding, a Letter of Instruction is a helpful document to accompany your will. It can include:
Consulting with a lawyer ensures you meet all the legal requirements in your jurisdiction. Laws vary across provinces and states, and a small oversight can lead to major complications.
At Simard & Associates, we help clients draft clear, legally sound wills tailored to their family dynamics, cultural preferences, and financial goals. Whether you need a simple will or a comprehensive estate plan, our personalized approach will give you the tools to see that your wishes are protected.
When it comes to will drafting, following your province’s legal will requirements is essential to ensure your will is valid and enforceable. According to Community Legal Education Ontario , these are the requirements for a will to be considered legal and binding:
1. You Must Be Eligible
In most jurisdictions, you must:
2. Proper Information, Witnesses, and Signatures
Most wills require the following details:
3. Language and Clarity Matter
A will should be written in clear, legally recognized language (English or French in Ontario) to avoid confusion or disputes. Families with bilingual members may want to work with a bilingual lawyer to ensure clarity.
4. Include Digital and Modern Assets
Modern wills should account for digital assets (like cryptocurrency, social media accounts, and online businesses). Not all jurisdictions have clear laws on this, so professional legal advice is highly recommended.
5. Legal Oversight Protects Your Wishes
Even if you have a good template, working with an experienced estate lawyer helps ensure your will complies with local legal requirements and is tailored to your unique situation. This is especially important if you:
Creating a will may feel overwhelming, but breaking it into clear, manageable steps can make the process far easier. Whether you’re creating a will for the first time or updating an old one, following a structured approach helps your wishes be documented clearly, with full legal protection.
Step 1: Prepare — Gather Information
Before drafting, inventory your assets, identify beneficiaries, select an executor, and choose guardians for minor children. A complete list is important to avoid overlooking anything that is essential.
Step 2: Hire a Lawyer
While templates are available, professional guidance is recommended for complex estates (blended families, business assets, or property in multiple jurisdictions). Your lawyer is responsible for seeing that your will meets legal requirements and reflects your specific circumstances.
Step 3: Draft With Clarity
Focus on clear language, specific bequests, and contingency plans. Include personal wishes like funeral preferences if desired.
Step 4: Execute Properly
Sign your will in the presence of two witnesses who aren’t beneficiaries and ensure everyone dates the document. Follow your province’s specific requirements.
Step 5: Store Securely
Keep your will in a safe place (with your lawyer, in a fireproof safe, or safety deposit box) and inform your executor of its location.
Drafting a will is not a “set it and forget it” task. As your life changes, your estate plan should change too. Update your will periodically so that it reflects your current assets, relationships, and wishes while meeting legal will requirements in your jurisdiction.
You should review and revise your will whenever a significant life event occurs, such as:
Pro Tip: Even if no major changes occur, we recommend reviewing your will every 3-5 years to ensure it still aligns with your intentions.
In cases of major life changes or extensive revisions, drafting a new will is usually the best option. Your new will should:
When it comes to will drafting, many people are tempted to take the do-it-yourself (DIY) route, using online templates or low-cost kits. While these tools may seem convenient, they often create more problems than they solve. Creating a will is more than the act of writing down who gets what. It is a comprehensive legal document that must follow strict requirements to be valid and enforceable.
That’s where the expertise of a legal professional becomes invaluable.
A lawyer’s role in the will drafting process goes far beyond just filling in the blanks on a template. They take the time to fully understand your financial picture, your family dynamics, and even your long-term goals. This holistic approach guides the executor of your will to distribute your assets, but it also considers tax implications, future legal hurdles, and the potential for family disputes.
For example, if you own property in more than one province or country, different legal rules may apply to each asset. A lawyer can make the necessary inclusions or changes to see that your will meets the legal requirements in all relevant jurisdictions — something most DIY solutions fail to address.
Similarly, families with complex relationships, such as blended families or estranged heirs benefit enormously from the clear, legally precise language that a lawyer can craft to prevent confusion or conflict.
One of the biggest advantages of working with a legal professional is their ability to spot potential issues before they arise. What happens if your chosen executor moves abroad? What if one of your beneficiaries passes away before you do? What if you want to leave unequal inheritances to your children — but don’t want to spark tension?
These are the questions experienced estate lawyers ask to ensure your will reflects not just your current wishes, but also anticipates the “what-ifs” that life can throw your way.
This proactive approach can be especially critical if you have a family-owned business, significant investments, or digital assets like cryptocurrency. These assets require special handling that generic templates simply don’t address.
It’s no secret that some people hesitate to hire a lawyer for will drafting because they assume the cost will be too high. But the truth is, the upfront investment in professional legal advice is often far lower than the cost of fixing mistakes down the road. A will that doesn’t meet your province’s requirements could be partially or entirely invalid — leaving your loved ones to navigate costly legal battles during an already difficult time.
At Simard & Associates, we believe in transparency. We work with clients to provide clear, upfront pricing for our estate planning services, so there are no surprises. Whether your estate is simple or complex, our goal is the same — to ensure your will reflects your wishes, protects your legacy, and meets every legal requirement.
One of the ways we stand out is our bilingual, client-centered service. Whether you’re drafting a will in English, French, or other languages used by your multilingual family, we follow a proven process. Every step is clear, compassionate, and tailored to your unique needs. Estate planning is personal, and we treat it that way — with respect, care, and attention to detail.
Drafting a will is one of the most important steps that you can take to protect your family, your assets, and your final wishes. Whether you’re preparing your first will or revising an existing one, ensuring your document meets all legal requirements is essential to avoid confusion, legal challenges, or unnecessary delays for your loved ones.
At Simard & Associates, Barristers & Solicitors in Rockland, we understand that will drafting can feel stressful— but you don’t have to do it alone.
Ready to get started?
📞 Contact Simard & Associates today to schedule your estate planning consultation. Whether you need help drafting a will, updating your existing document, or navigating complex family or financial situations, we’ll help you create a comprehensive estate plan that protects the people and the legacy you care about most.
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we are committed to helping you succeed every step of the way
Your Rights. Our Priority.
Simard & Associates,
Barristers & Solicitors
Your Rights. Our Priority.
Simard & Associates,
Barristers & Solicitors
© 2022 Simard & Associates. All rights reserved.
© 2023 Simard & Associates. All rights reserved.
--- Select Service ---Real EstateWills & EstatesBusiness LawFamily LawFamily Law MediationLitigationSmall Claims CourtOther
--- Preferred Lawyer ---Marc SimardCatherine CalvertÉlyssa PotvinCarolynne MarleauMélissa LalondeNo Preference
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--- Select Service ---Real EstateWills & EstatesBusiness LawFamily LawFamily Law MediationLitigationSmall Claims CourtOther
--- Preferred Lawyer ---Marc SimardCatherine CalvertÉlyssa PotvinCarolynne MarleauMélissa LalondeNo Preference
Δ
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