Do I need a lawyer to draft my will? An honest answer
If you’ve asked the question “Do I legally need a lawyer to draft my will?” — you’re already ahead of most people.
As a wills & estates lawyer, I get this question constantly. Usually it comes with a follow-up like
“Can I just do it online?”
“Can I write it myself?”
“Is a will kit good enough?”
“My situation is pretty simple… right?”
So here’s the honest answer:
No — you don’t strictly need a lawyer to draft your will.
But for many people, it’s still a really good idea.
Let’s talk about when you can safely DIY it, when you shouldn’t, and what you’re really paying for if you do get legal help.
Yes, you can make your own will
In Canada, you generally can make a valid will without a lawyer if it meets the legal requirements.
The most common valid will is a formal typed will, which usually requires:
the will to be in writing;
you sign it;
two witnesses sign it, in your presence; and
witnesses should not be beneficiaries (this can cause serious problems).
There are also holograph wills (handwritten wills) that can sometimes be valid in Saskatchewan without witnesses, but only very specific circumstances.
So yes: legally speaking, you can draft your own will— and many people do.
The bigger question is: will it actually work when it matters?
A will is a bit like a parachute.
You don’t discover whether it works at the worst possible time until it’s too late to fix it.
Most will problems don’t show up right away. They show up when:
you’re gone
your family is grieving
someone disagrees
and your executor is trying to interpret a document that was written quickly, years earlier, without professional guidance
At that point, the cost of a “cheap” will can become very expensive.
What can go wrong with a DIY will?
Here are the most common “DIY will failures” I see in Saskatchewan:
1) Execution mistakes (invalid will)
Incorrect witnessing is the #1 issue.
I’ve seen wills where
only one witness signed
the witnesses were beneficiaries
the witnesses didn’t watch the signing
the will was printed but never signed
changes were made without re-signing properly
Sometimes the will is still salvageable through court. Sometimes it isn’t.
Either way: it creates delay, stress, and legal fees.
2) Unclear wording that causes fights
This is a big one.
People often use normal everyday language like
“I want my kids to split everything fairly”
“My spouse can have the house”
“We’ll divide things equally”
“I leave my money to my family”
But legally, that can be a mess.
What does “fairly” mean if one child got help with a down payment already?
Does “house” include the cabin?
Does “my money” include investments?
What happens if someone dies first?
Vague language can lead to family conflict, executor headaches, and court applications.
3) Naming the wrong executor (or not thinking it through)
Your executor isn’t an honorary title. It’s a job.
A will should answer questions like:
Who is the executor?
Who is backup executor?
Can they charge a fee?
Can they sell property?
What powers do they have?
What happens if the executor is out of province?
DIY wills often name someone without realizing what they’re signing up for — and that can create real tension later.
4) Accidentally disinheriting someone
People often don’t realize how easy it is to create accidental results like:
treating step-children differently than intended
forgetting that jointly-held assets don’t pass through the will
forgetting about beneficiaries on registered accounts and life insurance
Your will only controls what it actually controls. A lot of estate planning is understanding what isn’t governed by your will.
5) Guardianship planning done poorly
If you have minor children, your will is even more important.
DIY wills often fail to properly handle:
guardian appointments
backup guardians
how money should be managed for minors
creating trust-style provisions so the child doesn’t inherit everything at 18
If you have children, my view is simple:
This is not where you want uncertainty.
When DIY is probably okay
I’m not here to scare you into hiring a lawyer.
If all of the following are true, DIY may be a reasonable option:
✅ You have a straightforward family situation
✅ You have no blended family issues
✅ No dependants with special needs
✅ No significant private company interests
✅ No farmland / complex land holdings
✅ You’re leaving everything to one person (and it’s mutual)
✅ You’re confident you can execute it properly
✅ You understand joint assets, beneficiaries, and what the will governs
If that’s you — you might be fine with a properly done will kit or online will.
But I still recommend: have someone knowledgeable review it.
When you should strongly consider a lawyer
If any of these apply, I’d strongly recommend getting legal advice:
you own a business (incorporated or not)
you own farmland
you’re in a second marriage or blended family
you have kids from a prior relationship
you have a child with a disability or vulnerable beneficiary
you want unequal distributions
you want to set up trusts
you want tax planning built into the estate plan
you want to minimize future conflict
you want executor powers drafted clearly
you want certainty your will won’t get challenged or misinterpreted
In those situations, a will isn’t just a document — it’s a plan.
What you’re really paying a lawyer for
People sometimes think hiring a lawyer means you’re paying for typing.
You’re not.
You’re paying for:
spotting risk you didn’t know existed
preventing ambiguity and conflict
ensuring proper execution and record-keeping
drafting to fit Saskatchewan law
planning around beneficiaries / jointly held assets / registered accounts
creating a will that works with the rest of your life (not against it)
A good will doesn’t just say who gets what. It makes your executor’s job doable and keeps your family out of chaos.
My bottom-line answer
So, do you need a lawyer to draft your will?
No.
But should you consider one?
In most cases - yes.
Because the cost of a proper will is often tiny compared to the cost of a problematic will.
And more importantly: a good will is a gift you leave behind.
Not just money - certainty.
Talon Regent, BBA, JD
Lawyer
