Wanting a complete checklist before you start making your will is exactly the right approach. Knowing what decisions you need to make ahead of time means you can sit down to the process prepared rather than figuring it out as you go. This post covers everything a Canadian will should include, what to consider for each element so you make good decisions rather than just filling in blanks, and the assets that pass outside your will but still need attention as part of a complete estate plan. Work through this list before you start and the actual will-making process will be faster and more straightforward.
Before You Start: What to Gather
Before you write a single word of your will, spend some time gathering the information you will need. Having it in front of you makes every decision easier.
A complete list of your assets. Include your home and any other real estate, vehicles, bank accounts, non-registered investment accounts, registered accounts such as RRSPs, TFSAs, and RRIFs, life insurance policies, business interests, personal property of significant value, and any money owed to you. You do not need precise valuations for most assets, but you do need to know what you own.
A list of significant debts. Your mortgage, car loan, lines of credit, and any other significant liabilities. Your executor will need to pay these from your estate before distributing what remains to your beneficiaries.
Account and policy information. For registered accounts and life insurance policies, note who is currently named as beneficiary. This is important because these assets pass outside your will, which is covered in more detail below.
The full legal names of the people you want to involve. Your executor, beneficiaries, guardian for any minor children, and their current addresses where possible. Using nicknames or informal names in a will can create problems later.
Your Executor
Your executor is the person responsible for carrying out the instructions in your will after you die. They locate your assets, pay your debts, file your final tax return, and distribute your estate to your beneficiaries. In Alberta, this person is called a personal representative. In Ontario, they are sometimes referred to as an estate trustee. The role is the same across the country regardless of the terminology.
For a full explanation of what the role involves day to day, read our guide on what an executor does.
What to consider when choosing your executor:
Choose someone you trust completely who is also organized and capable of handling financial and administrative tasks. Being a good person is not enough on its own — the role involves dealing with banks, the CRA, lawyers, and potentially the courts over a period of months or even years.
Consider whether they live in the same province as you. An out-of-province executor can create practical complications during estate administration.
Think about whether they have the time and emotional capacity to take on the role during what will already be a difficult period.
Name at least one alternate executor in case your first choice is unable or unwilling to act when the time comes. Tell both of them in advance that you have named them.
Your Beneficiaries
Beneficiaries are the people or organizations who receive your assets. Being specific and thorough here prevents disputes and ensures your wishes are carried out as you intended.
Use full legal names. Never refer to a beneficiary by a nickname, a relationship description alone, or a name that could apply to more than one person. “My daughter Sarah” is better than “my daughter.” “Sarah Elizabeth Morrison, born March 4, 1985” is better still.
Name alternates for each beneficiary. If a primary beneficiary dies before you do and there is no alternate named, their share may need to go back into the residual estate or be resolved by a court. Naming alternates for each beneficiary removes this uncertainty.
Be specific about what each person receives. Vague instructions like “divide everything equally among my children” can work for straightforward situations but create ambiguity in others. What if one child predeceases you? What if the assets are not easily divisible? Specific instructions prevent these problems.
Consider charities. If you want to leave a gift to a charitable organization, include their full legal name and charitable registration number where possible to avoid any ambiguity about which organization you intended.
Specific Gifts
A specific gift is a named item left to a named person. If you want to leave a particular piece of jewellery, a vehicle, a collection, a family heirloom, or any other specific item to a specific person, this is where you do it.
Be descriptive. “My 2019 Honda Civic, licence plate XXXX” is more useful than “my car.” “The diamond ring that belonged to my grandmother” is more useful than “my ring.”
Consider what happens if the item no longer exists. If you leave your car to your nephew but sell the car before you die, the gift typically fails and your nephew receives nothing in its place. You can address this by specifying what should happen if the item is no longer in your possession at the time of your death.
Keep the list manageable. Specific gifts are useful for items that have particular meaning or value, but trying to account for every possession in this section creates a lengthy and unwieldy document. Use a residual clause to cover everything not specifically named.
Your Residual Estate
The residual clause is one of the most important and most overlooked elements of a Canadian will. It covers everything that is not specifically named elsewhere in your document — all the assets remaining after debts have been paid and specific gifts have been distributed.
Without a residual clause, assets not specifically named in your will may fall outside it entirely and be distributed under your province’s intestacy laws rather than according to your wishes. This can produce outcomes you never intended.
Your residual clause should name a primary residual beneficiary, which is often a spouse or partner, and one or more alternates in case the primary beneficiary does not survive you. For most Canadians, the residual clause is where the bulk of the estate ends up, which makes it one of the most consequential decisions in the entire document.
Guardian for Minor Children
If you have children under 18, your will is the place to formally name the person you want to raise them if both parents die. Courts give significant weight to a parent’s expressed wishes, and naming a guardian in your will is the clearest signal of your intentions.
For a complete guide to thinking through this decision, including a practical framework for choosing between multiple candidates, read our guide on choosing a guardian for your children.
Name an alternate guardian. Circumstances change. Your first choice may move, develop health issues, or no longer be in a position to take on the role years from now. An alternate ensures your children are never left without a clear plan.
Have the conversation first. Tell the person you intend to name before you finalize your will. Being named as a guardian without being asked creates a difficult situation if the time ever comes. Give them the opportunity to consider the responsibility genuinely and confirm they are willing.
Assets That Pass Outside Your Will
A complete Canadian estate plan addresses not just what goes inside your will but also the assets that transfer directly to named beneficiaries or surviving owners without going through probate. These assets are not governed by your will, and keeping them aligned with your overall wishes is as important as the will itself.
Registered accounts with named beneficiaries. RRSPs, RRIFs, TFSAs, and RESPs with named beneficiaries pass directly to those beneficiaries outside your estate. For a detailed explanation of how these designations work and what can go wrong, read our guide on TFSA beneficiary rules in Canada.
Life insurance policies. A life insurance policy with a named beneficiary pays out directly to that person regardless of what your will says. Review your beneficiary designations on all policies regularly.
Jointly owned property with right of survivorship. Property held jointly with another person passes directly to the surviving owner without probate. This applies to jointly held real estate, bank accounts, and investment accounts.
The key risk. If your beneficiary designations conflict with the intentions expressed in your will, the designations win for those assets. A will that leaves everything equally to three children but has registered accounts naming only one child as beneficiary will produce an unequal outcome. Review your designations alongside your will to make sure they are consistent.
Funeral and Burial Wishes
Your will can include instructions for your funeral, burial, or cremation. This is a useful place to record your preferences, but there is an important practical limitation worth knowing: your will may not be located until after funeral arrangements have already been made. By the time your executor finds and reads your will, the decisions may already be done.
For this reason, communicate your funeral wishes directly to your executor and to close family members while you are alive, in addition to including them in your will. Some people also leave a separate letter of instruction alongside their will that covers personal wishes, funeral preferences, and other practical information for their executor.
What Not to Include in Your Will
There are a few things that either should not be included in a Canadian will or require careful handling.
Assets already addressed through beneficiary designations. There is no need to address your TFSA or life insurance policy in your will if they already have named beneficiaries. Including them can create confusion or conflict if the will instructions differ from the designation.
Conditions that may not be enforceable. Conditions attached to gifts, such as requiring a beneficiary to achieve a particular outcome before receiving their inheritance, may not be enforceable depending on how they are written and what they require. If you want to attach conditions to gifts, work with a lawyer to ensure they are structured correctly.
Detailed personal messages. Your will is a legal document and not the ideal place for personal letters or messages to loved ones. A separate letter of instruction or personal letters left alongside your will are a better vehicle for personal communications.
The Complete Canadian Will Checklist
Use this summary as your final preparation checklist before you start writing your will.
Preparation
Gather a complete asset inventory, list of debts, account information, and insurance policy details. Note current beneficiary designations on all registered accounts and policies.
People to name
Executor and alternate executor. Primary and alternate beneficiaries for each asset or asset category. Guardian and alternate guardian for any minor children.
Documents to prepare
Opening declaration revoking previous wills. Executor appointment with powers and alternate. Specific gifts with clear descriptions. Residual estate clause with primary and alternate beneficiaries. Guardian appointment if applicable. Funeral and burial wishes.
Outside the will
Confirm named beneficiaries on all RRSPs, RRIFs, TFSAs, and life insurance policies. Confirm jointly owned assets and right of survivorship arrangements. Ensure designations are consistent with your will’s intentions.
Signing
Two adult witnesses present simultaneously who are not beneficiaries named in your will. For a full breakdown of witness requirements by province, read our guide on who can witness a will in Canada.
You Are Ready to Start
Working through this checklist means you have done the thinking work that makes the will-writing process straightforward. You know who your executor is, who your beneficiaries are, what you want each person to receive, and who will raise your children if something happens to you. The rest is documentation.
WillKit guides you through every element on this checklist in plain language, builds your will as you go, and ensures your document meets the legal requirements of your province. A complete, legally valid Canadian will costs $59 and takes about 20 minutes to complete. No lawyer required.
Start your will at will-kit.ca
This article provides general information only and does not constitute legal advice. Will requirements vary by province and may change over time. If your estate is complex or you have specific legal questions, consult a qualified estate lawyer in your province.
Sources:
Canada.ca — Wills and estate planning – General legal framework, authoritative citation
Canada Revenue Agency — Registered accounts – Tax treatment of RRSPs and TFSAs at death
