Willful makes it easy to create a legally valid will and other estate planning documents online. But it’s not the right fit for everyone. This article outlines who Willful is designed for, what situations it supports, and when you may need to work with a lawyer instead.

Willful is built for Canadians who want to create a simple will and power of attorney documents without needing to visit a lawyer. It is available in all 10 provinces in Canada. It’s ideal for people who:

Willful can help you:

Where you reside at the time of death determines the jurisdiction of your estate. If you live outside Canada, you'll likely need a will based on local laws. Willful does not currently offer expat wills. We recommend consulting a lawyer in your current country to understand the implications of creating a will while living abroad.

Willful can help you manage properties and investments both in Canada and abroad. Whether you own several investment properties or hold assets in another province or country, our documents are designed to include these assets in your estate plan.

However, it's important to note that the laws governing the property or asset will be based on its location. This can affect how the asset is taxed, passed on, or managed after your death. Some individuals may choose to create multiple wills for assets in other jurisdictions for tax efficiency or legal compliance - but this must be done with a lawyer.

Keep in mind:

Willful can still be used to create your will and include these assets, but for more complex arrangements, legal support may be necessary.

There’s an important distinction between being separated and being divorced.

If you’re divorced: You are considered single under Canadian law, and Willful supports divorced Canadians. Select "single" as your marital status when using our platform. However, blended families may have complex needs such as spousal or life interest trusts, which Willful does not support.

If you’re separated but not divorced: You are still legally married. This means your spouse may still have a legal right to claim a portion of your estate. Most separation agreements include clauses stating both individuals are no longer entitled to inherit from each other. If you have this clause, you can usually proceed with Willful. Without it, your spouse could still make a claim. Consider consulting a lawyer to understand your legal obligations and risks.

Yes, you can use Willful if you own a business. Wills created with Willful include a carry-on business clause that allows an executor or liquidator to step in temporarily to manage the business. They can bring in help, make decisions, sell, or shut down the business if appropriate.

However, Willful does not delve into the specifics of business assets or allow you to create a dual will. Many business owners choose to create a secondary will to separate business assets for tax purposes, which must be done with a lawyer. Review any shareholder agreements for terms related to a shareholder’s death. In general, business assets form part of your estate unless otherwise specified.

Willful only supports testamentary trusts for minor beneficiaries (legatees in Quebec), but do not cover other types of trusts.

In Canada, trusts come in various forms, such as living trusts, testamentary trusts, and Henson trusts. Choosing the right type involves careful consideration of your family’s needs and may require customized clauses.

Willful can support the creation of wills in alignment with certain religious guidelines, but with some limitations.

Islamic law: While you can divide your estate according to Islamic rules, we do not provide calculators or tools to do so. Our platform offers limited options for handling a beneficiary's share if they pass away before you, such as passing it to their children or splitting it among others - which may not fully comply with Islamic inheritance principles. For more complex religious requirements, we recommend consulting a lawyer familiar with Islamic estate planning.

Jewish law: Jewish inheritance law, particularly Halacha, outlines specific rules for how assets should be distributed. Willful does not support halachic wills or include provisions required for compliance with rabbinic authority. If you wish to create a halachic will or need to comply with Jewish legal standards, you should consult a rabbi and an estate lawyer experienced in Jewish estate planning.

Other faith-based requirements: If your religion requires specific distributions, witnesses, or instructions that go beyond the scope of standard legal documents, it's best to consult with a legal professional and a religious advisor. Willful does not include tools to accommodate the nuances of all religious inheritance laws, but it can still be used as a foundation for straightforward estate planning.

While Willful doesn't support updates to existing will or POA documents, you can create new ones using our platform. Our step-by-step process ensures each document includes a 'revocation' clause, automatically invalidating any prior versions. Updating your Willful will is as simple as making changes, downloading or printing, and signing it again with witnesses. Once printed and signed with qualifying witnesses, these documents are legally binding, nullifying any previous versions of your will and POA.

Willful is not designed to handle complex estate plans. You may want to speak with an estate lawyer if you: