Estate planning comes with its own vocabulary. Lawyers, courts, and financial advisors use specific terms to describe the process of planning what happens to your assets after you die — and understanding those terms makes the whole process less intimidating. Here’s a plain-language guide to the most important Canadian estate planning terms you’ll encounter
Will
A will (also called a last will and testament) is a legal document in which you declare how you want your property distributed after your death. To be legally valid in most Canadian provinces, a will must be signed by you in the presence of at least two witnesses, who must also sign in your presence and in each other’s presence.
A will only takes effect after your death — it has no legal force while you’re alive. It also only covers your “probate property” — assets that pass through your estate. Some assets (like jointly owned property, RRSPs with named beneficiaries, or life insurance policies) pass outside your will entirely.
Testator
The person who makes a will is called the testator. Historically, a woman who made a will was called a testatrix, but Canadian law now uses the gender-neutral term testator for everyone. After death, a testator may be referred to as the deceased or the decedent.
Executor
The executor (called an estate trustee in Ontario) is the person named in your will to carry out your wishes after your death. Their responsibilities include locating and securing your assets, paying your debts and taxes, filing your final tax return, and distributing what remains to your beneficiaries.
You can name anyone you trust as your executor — a family member, close friend, or professional (such as a trust company or lawyer). You should also name an alternate executor in case your first choice is unable or unwilling to act.
If you die without a will or without naming an executor, the court appoints an administrator to fill the same role.
Administrator
An administrator is a person appointed by the court to manage an estate when there is no valid will, or when the named executor is unable or unwilling to act. The administrator has essentially the same duties as an executor but is court-appointed rather than chosen by the deceased.
Witnesses
Witnesses are adults who sign your will to verify that they saw you sign it. Canadian law requires two witnesses for a standard witnessed will. Key rules:
- Both witnesses must be present when you sign, and must sign in your presence and in each other’s presence
- A beneficiary named in your will should not serve as a witness — in most provinces, a gift to a witness (or their spouse) may be voided
- Witnesses do not need to know the contents of your will — they are only verifying your signature
For a complete breakdown of witness rules by province, read our guide on who can witness a will in Canada.
Beneficiary
A beneficiary is any person or organization named in your will to receive part of your estate. Beneficiaries can also be named outside your will — on life insurance policies, registered accounts (RRSP, TFSA, RESP), and pension plans. Assets with named beneficiaries pass directly to those individuals without going through your estate or probate.
If a beneficiary is also a blood relative who would be entitled to inherit under provincial intestacy laws (if you died without a will), they may also be called an heir.
Probate
Probate is the legal process by which a court validates your will and confirms your executor’s authority to act. Not all estates require probate — it depends on the nature and value of your assets and the requirements of the institutions holding them (banks, for example, often require probate before releasing funds).
Probate fees (called estate administration tax in Ontario) vary by province and are calculated as a percentage of the estate’s value. Proper estate planning can sometimes minimize the assets subject to probate.
Estate
Your estate is everything you own at the time of your death — your home, vehicles, bank accounts, investments, personal property, and any other assets in your name alone. Debts and taxes are paid from your estate before anything is distributed to beneficiaries.
Note that not everything you own passes through your estate. Jointly owned property typically passes directly to the surviving owner. Registered accounts and life insurance with named beneficiaries also pass outside your estate.
Codicil
A codicil is a formal amendment to an existing will. Like the original will, it must be signed and witnessed with the same formality. Codicils work well for minor, isolated changes — updating a single beneficiary, for example.
For anything more substantial, writing a new will entirely is generally cleaner and less prone to confusion or inconsistency between the original document and the amendment.
Intestate / Intestacy
Dying intestate means dying without a valid will. When this happens, provincial intestacy legislation determines how your estate is distributed — typically following a fixed formula that prioritizes spouse, then children, then parents, then siblings, then more distant relatives. The distribution may bear no resemblance to what you would have chosen. For a full explanation of what happens when you die without a will, read our guide on dying without a will in Canada.
Residue / Residual Estate
The residue (or residual estate) is what remains of your estate after all debts, taxes, expenses, and specific gifts have been paid. Your will should include a residual clause specifying who receives whatever is left over — without one, unnamed assets may fall outside your will and be distributed under provincial intestacy rules instead.
Power of Attorney
A power of attorney is a legal document authorizing someone (your attorney, in the legal sense — not necessarily a lawyer) to make decisions on your behalf while you’re alive. There are two main types:
- Property power of attorney: authorizes someone to manage your financial affairs
- Personal care / healthcare power of attorney: authorizes someone to make medical and personal care decisions if you become incapacitated
A power of attorney is distinct from a will — it only applies while you’re alive and has no effect after your death.
Guardian
A guardian is the person named in your will to care for your minor children if both parents die. Naming a guardian is one of the most important decisions in your entire estate plan — without one named, a court will make this decision without any input from you.
Letter of Instruction
A letter of instruction (sometimes called a memorandum) is an informal, non-legal document that accompanies your will. It provides your executor with practical information: where your accounts are, login credentials for digital assets, funeral wishes, and anything else that would help them carry out your estate efficiently. Unlike your will, a letter of instruction never becomes public record — making it a good place for sensitive account information.
Ready to Put These Terms Into Practice?
Understanding estate planning terminology is the first step. The second is writing a will that puts your wishes on paper in a legally valid form.
WillKit makes it simple to create a complete Canadian will from home — written by a Canadian lawyer, valid in all provinces except Quebec, for $59. No appointment needed, no legal jargon, and you can update it any time your circumstances change.
You don’t need a lawyer to write a will – you can do it yourself. Creating an estate plan and writing your own will is easy with the new WillKit website by Self-Counsel Press!
