Psst… Saskatchewan. Now you can make your Will online with Epilogue!
Hello, Saskatchewan! Epilogue is thrilled to announce you are the next province to gain access to our best-in-class online estate planning solution.
Anyone who lives in Saskatchewan can appreciate the excellent quality of life the province has to offer, not to mention the beautiful views—miles of pristine farmland stretched out as far as the eye can see.
Now, there is one more reason to be excited about living in Saskatchewan. All residents can now complete their estate planning online using Epilogue—from the comfort of their own home and for a fraction of the cost of seeing a lawyer.
Who is eligible to make their Will online?
For someone who only requires a basic Will, making a Will online may be a good option. A common misconception is that everyone needs a lawyer to make their Will. This is simply not the case.
So what does ‘basic’ mean? It’s actually easier to explain what it doesn’t mean.
If any of the following more complicated situations applies, it would be a good idea to visit a lawyer to help with the estate planning:
- Someone who wants to exclude a spouse, child, or other dependant from their Will
- Someone who wants to treat their children unequally under their Will
- Someone in a second marriage/common-law relationship, but has children from a prior relationship
- If there is a family member who is receiving government disability benefits under the SAID program
- Someone who owns real estate outside the province that cannot be dealt with under a Saskatchewan Will
- Someone who wants to engage in sophisticated tax planning
How old do I have to be to make a Will in Saskatchewan?
The legal age to make a Will in Saskatchewan is the same as the age of majority—18 years-old. While you may feel this is ‘too young’ to make a Will, it’s never a bad idea to get this important document in place.
A Will is meant to change and grow over time as life changes and grows. When someone makes a Will using an online service like Epilogue, they can make as many updates as needed, whenever they need to, free of charge.
What happens if I die without a Will in Saskatchewan?
When someone dies without a Will, it’s called dying intestate. Intestacy laws differ from province to province.
If someone dies who lives in Saskatchewan dies intestate, what happens depends on their family situation at the time of death. If the person has:
- A spouse, but no kids (or other descendants): The spouse gets everything
- A spouse, as well as kids (or other descendants) who are all from the same spouse: The spouse gets everything
- A spouse, as well as kids/descendants from other relationships: The spouse gets $200,000 “off the top”, and then:
- if there is only one child, ½ of the remainder goes to the spouse and ½ of the remainder goes to the child (or their children if the child is also not alive);
- if there is more than one child, ⅓ of the remainder goes to the spouse and the children split the other ⅔ (with any share of a predeceased child going to their children)
- Children (or other descendants) but no spouse: Everything is split equally between the children (if a child is not alive his/her share is split among any of that person’s children, if any)
- No spouse, children or descendants: Assets are split in the following manner:
- One or both parents are alive: Everything goes to the parents (or the surviving parent, if there is only one)
- No parents alive: Everything split equally between siblings (or their children, if a sibling is not alive)
- No siblings (or nieces/nephews) alive: Everything is split equally between grandparents. If a grandparent is not alive, their share is split equally between that grandparent’s children (the deceased’s aunts/uncles). Any share that would have gone to an aunt/uncle who is not alive would be split between their children who are alive (i.e. cousins of the deceased).
Note: According to Saskatchewan’s intestate rules, “spouses” mean people who are legally married or people who cohabited for at least 2 years and were living together at the time of the death of one of them (or ceased living with within the 24 months before death).
Who will take care of my children if I die?
By default, parents are the legal guardians of their children. If one parent passes away before the other, the surviving parent is the legal guardian.
If the last surviving parent passes away while their children are still minors, the legal guardian will be the person listed in the Will of the last surviving parent, according to the Children’s Law Act, 1997.
How is a Power of Attorney different in Saskatchewan?
Unlike most provinces where the Power of Attorney (POA) covers only financial matters, in Saskatchewan someone can have a POA for financial matters and a separate POA for personal matters (e.g. where the incapable person is going to live).
These are often combined in a single document called an “Enduring Power of Attorney for Property and Personal Care”. An Enduring POA can be signed in the presence of one witness if that witness is a lawyer. There is no lawyer to witness, two witnesses are required. The witnesses cannot be relatives of the person giving the Enduring POA (the “grantor”) or any of the people who are named as attorneys under the POA.
An “Enduring” POA survives incapacity, which means it continues to be effective, even if the grantor loses capacity after making the document.
What is a Health Care Directive?
A Health Care Directive appoints someone referred to as a “Proxy” to make health care decisions for someone if they don’t have the mental capacity to make those decisions for themselves.
This document needs to be dated and signed by the person making the directive but technically does not need to be witnessed.
As is the case in most provinces, when two people are appointed to act jointly, they need to agree on all decisions. However, unlike in other provinces, if two Saskatchewan Proxies cannot agree on a decision, the person who is named first in the Directive gets to make the final decision.
Under The Human Tissue Gift Act, 2015, someone can consent to the use of their body or tissues for things like transplants, research, or medical education. The consent needs to be either:
- Made in writing, dated, and signed; or
- Given orally, in the presence of at least two witnesses during the person’s last illness
I’m ready to make my Will! How can I get started?
Ready to make your estate planning documents? To get started just click here. For a limited time, enjoy 20% off your documents with the discount code SASK20 (expires January 15th, 2021 at 11:59 PM EST).
And if you still have questions or need any help, feel free to reach out to us anytime via the live chat or send us a message and we will get back to you as soon as we can! For more information about Epilogue, visit our website.