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Wills

How do you make a valid will, and what happens if you don't have one?

A will directs who receives your property and who administers your estate. Without one, intestacy rules decide — and they may distribute your estate very differently from what you would have chosen, while leaving your family to sort out the administration. Validity depends on formalities that vary by jurisdiction, and small errors can invalidate an entire will.

What to do next

  1. Take stock and choose your people

    List your assets, debts, and beneficiaries, then choose an executor (liquidator in Quebec) and, if you have minor children, a guardian. Name alternates for both — a surprising number of wills fail because the only named executor cannot act.

  2. Get the formalities right

    Requirements for signing and witnessing differ by jurisdiction. Quebec recognizes notarial and holograph wills alongside witnessed ones; common-law provinces and US states have their own rules. Improper execution is a leading cause of invalid wills.

  3. Coordinate with everything outside the will

    Registered accounts, insurance policies, and jointly held property often pass by designation or survivorship rather than under the will. Beneficiary designations that contradict the will are a common and costly conflict.

Frequently asked questions

What happens if I die without a will?

Intestacy legislation determines distribution and who administers the estate. The result frequently differs from what people assume, particularly for blended families and unmarried partners.

Can I write my own will?

Sometimes it is legally valid — Quebec recognizes handwritten holograph wills, for example — but DIY wills are disproportionately likely to be ambiguous, improperly executed, or challenged.

How often should I update it?

After marriage, separation or divorce, a birth, a death, a significant asset change, or a move to another province, state or country, since validity and rules are jurisdiction-specific.

Does my will cover my retirement accounts and insurance?

Often not. Those typically pass by beneficiary designation. Review designations alongside the will so they do not contradict each other.

This is general information, not legal advice. Laws vary by location and every situation is different — speak with a qualified lawyer about your specific circumstances.

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