Who Benefits Most from Using Online Wills in Canada?
What is an Online Will?
An online Will is a Will prepared through a digital platform rather than in a lawyer's office. The platform asks a series of plain-language questions and generates the document from the answers. With Epilogue the process usually takes about 20 minutes.
One point is often misunderstood: creating the document online does not by itself make it valid. A Will must also be signed and witnessed according to that province's requirements before it has any legal effect.
In most provinces, this involves printing the Will and having it physically signed by the Will-maker and two witnesses. Epilogue produces the document and the signing instructions — the signing itself happens on paper.
British Columbia permits electronically signed Wills, but it is the only province that does. Quebec recognizes notarial Wills alongside the witnessed Will used in the common-law provinces. Epilogue covers the distinction in Notarial Will vs. Attested Will in Quebec.
Epilogue was founded by former estate lawyers and serves residents of all ten provinces. Tens of thousands of Wills have been created through the platform.
Who an Online Will Tends to Suit
Adults with straightforward estates
The clearest fit. Typically this means straightforward assets (a home or cottage, bank accounts, investments), beneficiaries who are easy to identify, no blended-family complications, and no wish to exclude a current spouse or child from the Will.
Younger adults making a first Will
Estate planning is easy to defer, and the group most likely to defer it is the group whose circumstances are simplest. A first Will can usually be completed quickly, and Epilogue's free lifetime updates mean marriage, a first home, or children can be reflected later without paying again.
This matters more for anyone with young children — naming a guardian is often the most important reason to have a Will at this stage.
Retirees whose intentions are settled
Retirees frequently know precisely what they want and who they want it to go to, including gifts to charity.
Where the estate itself is uncomplicated, the main task is documenting settled intentions accurately, which is what a guided process does well. Managing it from home, without appointments, is a practical advantage.
Owners of simple, small businesses
Some owners of simple businesses may be able to address their business interests in a basic Will alongside their other estate-planning needs. However, corporate ownership can introduce additional legal and tax considerations.
In situations involving shareholders' agreements, holding companies, or income tax or probate tax planning, an online Will is no longer the right tool. Business succession is one of the fastest ways for an estate to become complex, and is a situation in which professional estate planning advice may be important.
When a Lawyer May Be the Better Choice
Epilogue is explicit that it is not right for everyone. Some of the situations that call for a professional include:
Blended families, where obligations to a current spouse and to children from an earlier relationship may require special considerations
Deliberately excluding a child or a spouse — a decision that can raise significant legal issues and may increase the risk of a challenge
Assets held outside Canada, where more than one legal system is engaged
Complex estates where tax planning considerations may dictate the structure
Questions about capacity, undue influence, or pressure being placed upon the person making the Will
How Online Wills Remove Obstacles
Common reasons for not having a Will in place include the cost of having one prepared, not knowing where to start, and not getting around to making an appointment with a lawyer.
A guided online process addresses all three of these — a Will created with Epilogue can be created in an evening from the comfort of your own home, is reasonably priced, and can be updated for free as circumstances change. Epilogue's pricing is published up front, and all data is stored in Canada.
The legal requirements for making a valid Will remain the same. A Will made online and never properly signed and witnessed is not a valid Will.
Key Points
An online Will suits straightforward estates: basic assets, clear beneficiaries, no blended-family or exclusion issues
Outside British Columbia, the document must be printed, signed and witnessed to be valid; BC permits Wills to be signed electronically
Quebec also recognizes notarial Wills
Naming a guardian is often the strongest reason for younger parents to have a Will
Blended families, disinheriting family members, complex assets, and capacity concerns all warrant the involvement of a professional
Epilogue serves all ten provinces and was founded by former estate lawyers
FAQ
Are online Wills legally valid in Canada?
Yes. An online Will can be legally valid if it is properly prepared and executed according to the law applicable in the relevant province. That generally means printing the document and signing it in the presence of witnesses who also sign the Will.
Unlike the other provinces, British Columbia recognizes electronic Wills; Quebec has its own forms and formalities.
Who should not use an online Will?
An online Will may not be a suitable option for someone with a blended family, a beneficiary on government disability benefits, a plan to exclude a child or spouse from their estate, complex assets, or an estate where tax planning drives the structure. Concerns around capacity and undue influence may also necessitate the involvement of a professional.
Can an online Will be updated later?
With Epilogue, yes — updates are free for life. Circumstances that warrant a review (and potentially an update) include marriage or separation, a birth, a death among the beneficiaries or executors, a significant change in assets, or moving to a different province.
Does moving to another province affect a Will?
It can. The formalities and estate laws differ between provinces, although a Will made in one jurisdiction may continue to be recognized after a move. Reviewing the Will after moving to another province is sensible, particularly if the move is permanent or there have been other changes in family or financial circumstances.
Can a small business be dealt with in an online Will?
Generally, yes. But if there are complexities like shareholders' agreements, holding companies, or a wish to engage in tax planning, call a professional for advice.
Is a Will stored online secure?
Epilogue stores its data in encrypted format in secure Canadian data centres. But this is only an unsigned digital copy of the Will.
In most provinces the original, signed, witnessed, physical document is needed after someone dies. The original Will needs to be kept somewhere safe and findable — an executor who cannot locate the original may have to apply to the court to prove a copy.
Is a Will enough on its own?
Often not. Powers of attorney matter too, and operate while someone is still alive, in the event they cannot make decisions for themselves. Epilogue's Learn Centre covers how the documents work together.
Disclaimer: Epilogue is not a law firm and cannot provide any legal advice. This article is for informational purposes only and may not cover all legal considerations. For complex estate planning needs, consult a qualified estate planning professional.
