Willful uses templated clauses written by experienced estate lawyers. For a will to be valid in Canada, it must:
Be in writing
Be signed by the testator at the end
Be signed by two witnesses who are present at the same time
Be created by the testator, the person the will relates to (you cannot create a will for somebody else).
Enforceability
Willful documents are legally valid and enforceable in the province they are created for, as long as they are executed properly.
Clause customization
You can update your answers any time, but cannot edit the legal clause language. This protects your will’s legal integrity.
Willful does not allow for "free form" text, additional notes, or extra clauses. This prevents the risk of invalidating or contradicting any legal language in the will or power of attorney.
Handwritten amendments: These must follow specific provincial rules. Willful does not recommend making them, and cannot guarantee document validity if they are added.
Need custom clauses? Seek advice from a lawyer specializing in estate planning.
Legal claims and contestability
Like any will, a Willful document can be contested through legal proceedings.
Who can contest a will?
Spouses and children (excluding common-law spouses in some provinces)
Any individual who can provide valid evidence
Common grounds for contesting:
Undue influence
Lack of mental capacity
Problems with the will's creation
Disinherited family members
Ambiguous language
Fraud or forgery
Legal outcomes
Courts may uphold the will, invalidate it, or revert to intestacy laws
Successful claims are treated as creditor claims