What makes a will legally valid in Canada?
In most Canadian provinces, a formal will is valid if: the testator is at least 18 years old (exceptions for marriage or military service), the testator has testamentary capacity (understands the nature of making a will, the extent of their estate, and the claims of dependants), the will is signed by the testator in the presence of two adult witnesses, and the witnesses also sign in the presence of the testator. Witnesses and their spouses cannot be beneficiaries — gifts to them may be void. BC has additional requirements under the Wills, Estates and Succession Act (WESA).
Should I use a lawyer or an online will service?
For simple estates (one spouse, adult children, straightforward assets), reputable online will services can produce a legally valid will for $50–$200. However, for estates with: minor children (trusts needed), business interests, blended families, significant assets, property in multiple provinces or countries, potential dependant relief claims, or tax planning considerations — a lawyer is strongly recommended. A poorly drafted will can cost the estate far more in disputes than the savings on legal fees.
What is a multiple will strategy in Ontario?
Ontario's probate system allows 'multiple wills' to reduce the Estate Administration Tax: a public will (probated) covers assets that third parties require probate to transfer (real estate, bank accounts above a threshold), and a private will (not probated) covers assets that do not require probate — typically shares in private corporations. The private will bypasses probate entirely, saving up to 1.5% of the private asset value. This strategy requires careful drafting by an estate lawyer.