Writing a will is one of the most important things you can do for your family — and for most Canadians, it does not require a lawyer. Contrary to common belief, hiring a lawyer is not a legal requirement for making a valid will in Canada. For straightforward estates, a well-designed will kit written by a Canadian lawyer provides the same legal outcome at a fraction of the cost.
That said, there are situations where professional legal advice is genuinely worth the expense. This guide explains when you need a lawyer, when you don’t, and what your options are either way.
When You Don’t Need a Lawyer
If your estate is relatively straightforward — you own property in one province, your family situation is uncomplicated, and you have a clear sense of who you want to receive your assets — you can write a legally valid will on your own. The process involves choosing an executor and alternate executor, listing your assets, deciding how to distribute them, naming a guardian if you have minor children, and storing the will somewhere your executor can find it.
WillKit walks you through every step in plain language and ensures your will meets the legal requirements of your province. It’s written by a Canadian lawyer, covers all provinces except Quebec, and costs $59 — compared to $500–$1,500 for a lawyer-prepared will.
When You Should Consult a Lawyer
There are situations where the complexity of your estate or personal circumstances warrants professional legal advice. You should consult a lawyer if you are:
- About to be married or recently married (marriage automatically revokes a will in most provinces)
- Separated or in the process of divorcing
- The owner of a large or complex estate
- Very old or experiencing illness that may affect your testamentary capacity
- Under the legal age for writing a will in your province
- Subject to a community property system (Quebec residents should always work with a notary)
- In a common-law relationship (rights vary significantly by province)
- A parent of children you are not currently supporting
- Unsure of the laws in your province or country of residence
- The owner of real estate outside your province or country
- Disinheriting a child or spouse (this can be legally challenged)
- Dealing with a blended family, business assets, or trusts
If any of these apply to you, the cost of a lawyer is likely worth it — mistakes in complex situations can be far more expensive to untangle after the fact than the legal fees would have been upfront.
A Note on Joint Wills
Many couples consider writing a joint will — a single document covering both partners, typically leaving everything to the survivor and then to their children. This is almost always a bad idea.
Joint wills can tie up assets for years pending the death of the surviving partner. If life circumstances change — a new relationship, changed financial situation, estranged family members — the surviving partner may find themselves legally unable to update the will without the deceased partner’s consent. The result is often an estate divided in ways that no longer reflect anyone’s actual wishes. Two separate wills, each updated as life changes, is almost always the better approach.
Does Using a Will Kit Mean You Don’t Need Any Legal Knowledge?
Not entirely. Understanding the basics of estate planning helps you make better decisions — about your executor, your beneficiaries, your guardian choice, and how your assets are distributed. A good will kit doesn’t just generate a document; it explains what each section means and why it matters, so you’re making informed choices rather than filling in blanks.
If you do consult a lawyer for a complex situation, having a foundation of knowledge beforehand means less time (and money) spent on basic explanations during your appointment.
The Bottom Line
For most Canadians with a straightforward estate: no, you don’t need a lawyer. WillKit provides a complete, legally valid Canadian will for $59 — written by a lawyer, designed for Canadians, and valid in all provinces except Quebec.
For complex situations — blended families, business assets, disinheritance, Quebec residents — consult a lawyer. The checklist above is your guide.
Ready to get started? Create your will at will-kit.ca
