Why Parents in Canada Need a Will 2025

More than half of Canadian adults don't have a will. Among parents with minor children, this is a serious problem. Without a will, a court decides who raises your children, government rules determine who gets your assets, and your family faces unnecessary legal costs and delays during an already devastating time. Creating a will is one of the most important acts of parenting you can perform.

What Happens If You Die Without a Will in Canada

Dying without a will is called dying "intestate." Each province has intestacy legislation that dictates what happens to your estate. The results are often not what you would have chosen:

No guardian named: A court must appoint a guardian for your children — potentially someone you wouldn't have chosen, after a legal proceeding that costs time and money.
Assets go to spouse and children by formula: In Ontario, the first $350,000 goes to the spouse; the rest is split between spouse and children. Minor children's shares are held by the Public Guardian and Trustee until age 18, then paid out as a lump sum — not ideal for an 18-year-old.
No testamentary trust: Money left to minor children without a will is controlled by provincial authorities, not a trusted family member you've designated.
No charitable gifts: Any causes you cared about receive nothing.
Possible family conflict: Disputes about assets and guardianship are more likely and more expensive without clear instructions.

The Most Important Reason: Naming a Guardian

For parents, naming a guardian for minor children is the single most critical reason to have a will. Your will allows you to designate who would raise your children if both parents die. While a court is not legally bound by your designation, it carries enormous weight and is almost always followed when the named guardian is willing and suitable.

Questions to consider when choosing a guardian:

Who shares your values and parenting philosophy?
Who has the energy and capacity to raise children (age, health)?
Where do they live — would your children need to relocate?
Are they willing? Have you had the conversation?
Should the guardian and the financial trustee be the same person or different people?

Separate the guardian from the trustee: Consider naming different people as guardian (raises the children) and trustee (manages the inheritance money). This provides a check and balance — the guardian focuses on parenting, the trustee manages finances, and neither has unchecked control.

Testamentary Trust for Minor Children

A testamentary trust is a trust created within your will that holds assets for your children until they reach an age you specify — typically 21, 25, or in stages (e.g., one-third at 21, one-third at 25, balance at 30). This prevents an 18-year-old from receiving a large inheritance with no guidance or maturity to manage it. The trustee manages and distributes funds for the child's benefit (education, housing, healthcare) according to your instructions.

What a Complete Will for Parents Should Include

Executor designation (who administers your estate)
Guardian designation for minor children
Testamentary trust provisions for children's inheritance
Trustee designation (may differ from executor or guardian)
Distribution of specific assets (family heirlooms, vehicles, property)
Residue clause (who gets everything else)
Charitable gifts (if desired)
Digital assets provisions (increasingly important)
Funeral wishes (optional but helpful)

Powers of Attorney: Equally Important

A will only operates after death. You also need:

Power of Attorney for Property: Designates who manages your financial affairs if you become incapacitated.
Power of Attorney for Personal Care (or Representation Agreement in BC): Designates who makes healthcare and personal decisions if you can't.

Without these documents, your family may need to apply to court to manage your affairs — expensive and time-consuming.

How to Get a Will Done in Canada

Option 1: Lawyer (Recommended for Parents)

A wills and estates lawyer can draft a complete will, testamentary trust, and powers of attorney tailored to your situation. Cost: typically $500–$1,500 for a couple. Worth every dollar given the assets and responsibilities involved.

Option 2: Online Will Services

Services like Willful, Epilogue, and Nicola Wealth's online options provide legally valid wills in Canada for $100–$200. Good for simpler estates. May be less suitable for complex family situations, blended families, or large estates with tax planning needs.

Option 3: Holograph Will (Not Recommended for Most)

In most provinces, a will entirely handwritten and signed by you (no witnesses required) is valid. This is a last resort — difficult to interpret, easy to challenge, and doesn't work in all provinces.

Review your will after every major life event: Birth of a child, marriage, separation/divorce, death of a named executor or guardian, significant change in assets. A will that names a deceased person as guardian or executor creates problems. Review every 3–5 years minimum.

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Bottom Line

Every parent in Canada needs a will. Not someday — now. The guardian designation alone makes it non-negotiable. A testamentary trust ensures your children's inheritance is managed responsibly. Powers of attorney protect your family if you become incapacitated. The cost is a few hundred to a few thousand dollars; the cost of dying without one is paid by your children. Book a lawyer this week and get it done.