Why Newcomers in Canada Really Need a Will

But the reality is that your will isn’t really about you. Creating your will is an act of kindness that makes life a little easier for your grieving loved ones. It removes ambiguity and uncertainty, and increases the odds that the wealth you’ve built during your lifetime will pass to the people you’d like it to go to.  

But isn’t it expensive? Not necessarily. Wills are becoming much more affordable (think $139), and much faster to set up (try 20 minutes for your first draft) thanks to legal technologies. Let’s dive into what that means for you:  

Key Takeaways 

• A will ensures your Canadian assets go where you want them to go.  

• A will is different to a Power of Attorney — and it’s likely you need both documents!  

• Naming an executor outside Canada comes with additional challenges.  

• Creating a will doesn’t have to be complicated, time consuming, or expensive.  

What is a will?  

A will is a legal document that explains how you want your property distributed after you pass away and how you want your minor or dependent children cared for (if you have them).  

It also names the person (or people) you trust to carry out those wishes, usually referred to as your executor or personal representative. Your will can also include instructions about guardianship of your minor children, making it a vital tool for parents, many of whom are newcomers. 

But, there are specific requirements that you need to meet for a will to be legal and binding. These vary across Canada’s various provinces and territories, but some of the requirements may include (depending on where you live):  

• The person making the will must be ‘capable’ — this means they must meet minimum age requirements and be mentally capable and sound of mind.  

• For formal wills (wills that aren’t holographic, a special type of handwritten will), they will usually need to be signed and witnessed by at least two other people.  

Newcomers to Canada sometimes assume their spouse or close relatives can just decide how to distribute their property. Unfortunately, that’s not always the case. A valid will is the clearest path to ensure your assets end up where you want them to go and that the right people are responsible for carrying out your plans. 

What is the difference between a will and a power of attorney? 

A Will and a Power of Attorney are both legal documents that relate to management of your estate – but there’s one key difference between them that has a huge impact.  

• A will generally deals with what happens after your death;  

• A Power of Attorney is about managing your affairs while you’re still alive.  

When you create a Power of Attorney, you appoint someone to make decisions on your behalf if you become mentally or physically unable to make them yourself. Usually, you would have one Power of Attorney for financial decisions and another Power of Attorney document for healthcare decisions.  

These documents become really important in situations where your partner is unconscious, like if they were injured or having surgery and needed someone to make medical decisions on their behalf. 

But the financial Power of Attorney is particularly important for newcomers because it can give you access to your partner’s financial accounts while they’re abroad. This can be crucial if, for example, you need to sign mortgage renewal documents but your partner is abroad visiting family for an extended stay.  

On the other hand, a will only takes effect after you pass away. Your executor steps in at that time to handle your estate, settle any debts, and distribute your possessions. It’s possible (and advisable) to have both a will and a Power of Attorney to cover different stages of life. 

Why do I need a will as an immigrant? 

When you move to Canada, you start a new chapter that often includes building up local assets. You might buy a family home, open Canadian bank accounts, or invest in the tax-advantaged accounts offered here (like an RRSP, or TFSA). 

If you don’t have a will when you die, these assets will be distributed in accordance with Canadian laws (which are different in each province and territory). This might not reflect your wishes, which means that your assets won’t go where you would have liked when you pass. In fact, the laws here might even conflict with your cultural beliefs and family traditions in your home country. This can cause great upset for your loved ones.  

If you have children, this is even more important since Canada’s provinces have different rules about guardianship. A will is an essential document if you want to have control over where your children live and who they live with if you pass away. This is particularly important if you wish to choose a guardian who shares your values, lifestyle, or cultural background.  

For many newcomers, making a will might feel like one of those tasks that can wait. However, unexpected life events can happen at any time. Having a will means you’re taking a responsible step to safeguard your family and property, no matter where you come from or where you plan to be in the future. 

Can immigrants name people who aren’t in Canada in their will? 

Yes, you generally can name people living outside of Canada as beneficiaries or executors of your will.  

Beneficiaries are the people you wish to leave your belongings to. The location of the beneficiary is often less important than having a valid legal document that clearly states your intent to leave assets to them. Generally, it’s helpful to leave some contact details for that beneficiary since it can be hard to track down beneficiaries outside Canada.  

However, your executor needs to manage your local affairs, and may have to file documents with Canadian courts, and potentially handle asset transfers. If they live far away, it could be difficult for them to do this quickly and efficiently. So, some provinces set requirements for non-resident executors that a local executor wouldn’t be required to meet. In other words, it’s usually more convenient to appoint a local executor.  

Does my Canadian will cover assets outside Canada?  

It depends.  

If you hold assets in a country that would accept probate from a Canadian court (a process called resealing the probate), then yes, your Canadian will may be sufficient to deal with your assets in both countries.  

But, it’s likely that your personal situation might also be more complex if you still have property or investments outside Canada.  

If you have valuable assets in other countries, you’ll need to check whether you need a will in your home country as well.  

It’s a good idea to get legal advice from professionals who understand cross-border estate planning in this case.  

Do you need a lawyer to make a will? 

Legally, you don’t need a lawyer to draft your Will in Canada. Some provinces accept handwritten wills (called “holographic wills”) if they clearly express your wishes and meet specific legal requirements. Others allow do-it-yourself will kits or online platforms that guide you through the process. In fact, online platforms have exploded in popularity in recent years.  

We’ve partnered with Epilogue Wills, an online platform that can help newcomers draft and sign a will and Power of Attorney. With Epilogue, you can create a legally-binding Will in just 20 minutes – and you can update it any time, for free.  

But, there are situations where you may need a lawyer to help you create a will. This depends on your personal situation, but it can be helpful if you have a blended family or complex family dynamics, charitable gifts, or substantial foreign assets.  

Who is the best person to draw up a will? 

Choosing the best person to help you draw up a will depends on your personal needs and the complexity of your estate. It can also depend on the languages you’re comfortable in, since you want to understand your will before signing it. So, you may need to speak with a professional in a language that makes sense for you.  

That being said, online wills and DIY wills are legally binding and meet the needs of many people and families living in Canada.  

What is the biggest mistake people make when it comes to wills? 

Easily the biggest mistake people make with wills is not having one. This is true even if you’re not very wealthy, or if you’re married, or if you’re young, and definitely if you have children.  

If you have assets in Canada (even just a savings account), it’s worth getting a will. Otherwise, local intestacy laws determine how to distribute your estate. This might not match your wishes and could leave your loved ones with confusion, legal fees, and stress. 

Another common mistake is failing to keep your will updated. Life changes quickly, and events like marriage, divorce, the birth of a child, or a new property purchase can alter your estate planning needs.  

A third mistake is picking an executor who is unwilling or unable to do the job. Being an executor is a big responsibility, involving paperwork, deadlines, and sometimes difficult conversations with relatives. Before you name someone as your executor, be sure they understand what’s involved and are prepared to handle it. 

Another big mistake is assuming that it costs too much to get a will. The reality is that a will is much more affordable than any of the legal costs your loved ones will have to pay to manage your affairs if you become incapacitated or when you die. 

What is the average cost of a will in Canada? 

Online will platforms offer Wills for around $139 and a Will and Power of Attorney combination for $199. 

A simple will prepared by a lawyer might range from around CAD $300 to CAD $800. While more complex estates, especially those involving multiple properties, business interests, or cross-border issues, can push the fees higher.