Many people know they should have a will but put it off because they are not sure what the process involves. This guide explains how making a will usually works, what to prepare before a first meeting, and which questions are worth asking. It is a practical overview. It does not describe everything the law requires, and your own situation may call for different steps.
The Usual Steps
Every lawyer works a little differently, but the process generally follows the same outline.
- An initial conversation. You describe your family, what you own and what you would like to happen. The lawyer explains the options and the information needed to go further.
- Gathering information. You provide the details the lawyer asks for, such as the names of the people involved and an overview of your property.
- Drafting. The lawyer prepares the will, and often related documents such as powers of attorney, based on what you have told them.
- Review. You read the draft carefully and ask about anything you do not understand. This is the time to change wording or correct details.
- Signing. A will has to be signed in a specific way for it to be valid. The lawyer arranges this, including the witnesses. See the Succession Law Reform Act, linked below, and our article on online wills for why this step matters.
- Storage. Decide where the original will be kept and make sure the person who will need it knows where it is.
- Later review. A will reflects your situation on the day you sign it. Plan to revisit it when your circumstances change.
Before the First Meeting: What to Prepare
You do not need to have everything worked out. A short list of the following is enough to make the first meeting productive:
- Your family situation: spouse or partner, children (including any who are minors), and anyone who depends on you.
- A general overview of what you own, such as a home, bank and investment accounts, retirement accounts, a business, and property outside Ontario.
- Existing documents: earlier wills, powers of attorney, marriage or separation agreements, and the beneficiary designations on insurance and retirement accounts.
- People you are considering for the key roles: an estate trustee to carry out the will, a guardian for minor children, and attorneys under your powers of attorney.
- Any specific wishes, for example gifts to particular people or to a charity.
- Your questions, written down so that none are forgotten.
If you own property outside Canada, mention it at the start. Matters outside Ontario may need advice from a lawyer in that place.
A Will Is Only Part of the Plan
According to the Government of Ontario, a will takes effect only after death, while a power of attorney ends at death. A power of attorney deals with the period when you are alive but unable to manage your affairs. Ontario describes two kinds: one for property and one for personal care. Many people deal with the will and the powers of attorney in the same process. The Government of Ontario's page on making a power of attorney is linked below.
Some assets pass outside the will, for example accounts with a named beneficiary. We discuss this in Your Will Isn't the Whole Plan.
Questions to Ask Your Lawyer
- What information and documents do you need from me?
- Which documents are you recommending, and why?
- How will the will be signed, and who will act as witnesses?
- How are accounts with a named beneficiary, and property held jointly, treated in my situation?
- Where will the original be kept, and how will my executor find it?
- How are your fees structured, and what is included?
- How long does the process usually take?
- What life events should prompt me to review the will?
What Affects Cost and Timing
Fees and timing vary from lawyer to lawyer and from file to file, so we do not give figures here. These are the factors that commonly make a difference:
- How complex the family and the assets are, for example a blended family, a business, or property in more than one country.
- How many documents are needed: a will alone, or a will together with powers of attorney.
- How organized your information is when you arrive.
- How many rounds of review the draft needs.
Ask for the fee structure before work begins, and ask what is and is not included.
When to Review Your Will
It is worth reviewing your will after significant life changes: a marriage, separation or divorce, the birth or adoption of a child, the death of a beneficiary or of the person you named as executor, a major change in your assets, or a move to another country. Some of these events can affect an existing will in ways that are not obvious, so ask your lawyer rather than assuming. Do not change a signed will by writing on it.
Frequently Asked Questions
Is a will required in Ontario?
According to the Government of Ontario, having a will is not legally required. Without one, the estate is distributed under the Succession Law Reform Act, and someone has to apply to the court for authority to administer it.
Do I need a lawyer to make a will?
A lawyer is not the only route. A lawyer is most useful when your family or assets are not straightforward, or when you want someone to check that the document is signed correctly. Our article on online wills discusses the risks of a template.
Do I also need a power of attorney?
They do different things. A will takes effect after death, and a power of attorney ends at death. Many people prepare both. The Government of Ontario describes powers of attorney for property and for personal care on its website.
How long does it take to make a will?
It depends on how complex your situation is and how quickly you can provide the information. Ask your lawyer for an estimate at the first meeting.
Can I change my will later?
A will can generally be updated or replaced while you have the capacity to make one. Ask your lawyer how to do it properly rather than marking up the existing document.
Where should I keep the original will?
Ask your lawyer about the options. Whatever you choose, make sure that the people who will need the will know where it is.
Sources
- Ontario Succession Law Reform Act
- Government of Ontario: Administering estates
- Government of Ontario: Make a power of attorney
- Government of Ontario: Estate Administration Tax
This article provides general information about Ontario law as of the date of publication and is not legal advice. It does not create a solicitor-client relationship. Outcomes depend on the specific facts; please consult a lawyer about your circumstances.
