- What you should know about a will
- What happens when a child inherits
- Getting a lawyer to help write your will
- Estate administration publications and forms
A will is a legal document that states what you want done with your assets after you die. It can include instructions for your burial or cremation. Without a will, settling your estate could be more difficult and costly for your loved ones.
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What you should know about a will
The Public Guardian and Trustee does not prepare wills or provide legal advice about wills or estate planning.
For general information on wills and estates, contact the Yukon Public Legal Education Association (the Law Line). For legal advice, consult a lawyer. You can find lawyers who handle wills on the Yukon Law Society directory.
Anyone 19 years or older who is mentally capable can make a will.
You must:
- understand what you’re writing; and
- be aware of the nature and extent of your property (assets).
You must voluntarily make your will. No person can pressure you into leaving someone:
- out of a will; or
- a gift you did not want to.
Make a legal will
For a will to be legal, it must:
- be signed at the end of the document by you; and
- be witnessed by 2 people who sign in your presence after you have signed.
You can also have someone else sign your will for you if you if you’re present.
In the Yukon, a "holograph will," written entirely by you and signed, is also valid.
Beneficiaries
A beneficiary is someone who inherits from your estate. The person you choose to manage your estate is called an executor and they are responsible for distributing your assets.
Changing your will
You can make changes as long as you’re mentally capable. You do not need anyone’s permission to make changes. You should talk to a lawyer to learn more.
What to include
- What to do with your assets.
- Powers for your executor.
- Wishes for your burial or cremation (not legally binding).
- Other wishes (not legally binding).
- Name a guardian and trustee for children under the age of 19.
You cannot give away property that you do not own or property held in joint tenancy, as it passes directly to the co-owner.
In a joint tenancy, if 1 owner dies, the surviving owner(s) then own(s) the property. For example, a joint bank account.
Dying without a will
If you die without a valid will, it’s called "intestate". A relative or friend can apply to the Supreme Court of Yukon to become the administrator of your estate. In rare cases, the Public Guardian and Trustee may apply.
Your friends and family
Cannot decide how to distribute your estate. It must be distributed according to the law.
How is the estate divided?
- All debts and taxes are paid.
- The remainder goes to relatives in an order described in part 10 of the Yukon’s Estate Administration Act.
Assets outside the Yukon
If you own land or other assets outside the Yukon, talk with a lawyer. Each jurisdiction has their own requirements.
Special circumstances to considered in a will
Talk with a lawyer to get accurate advice. The Public Guardian and Trustee can explain the estate process, but cannot give legal advice. You may need specific legal advice if you:
- have a child under the age of 16;
- have a child over the age of 16 who is unable to earn a livelihood due to a mental or physical disability;
- are a citizen of a Yukon First Nation that has laws governing inheritance;
- have a former spouse or partner who's been dependent on you for the past 3 years; or
- may need to continue paying child or spousal support after death.
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What happens when a child inherits
Under the Child and Family Services Act and the Public Guardian and Trustee Act, the Public Guardian and Trustee:
- acts as the trustee of estates for children where there is no other trustee or legal guardian; and
- holds money in trust for minors until they turn 19.
The Public Guardian and Trustee charges fees for minor trust services provided to children.
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Getting a lawyer to help write your will
You can use the Find a Lawyer directory on the Law Society of Yukon website, or phone law firms to ask for their standard rates for wills before you hire a lawyer. Lawyers set their own rates. A simple will can be between $400 and $600.
Meet with a Lawyer Program
This program offers an initial consultation with a lawyer for $30, including GST. The certificate covers a half-hour consultation only. Yukoners outside Whitehorse can call collect at 867-668-4231 for more details. The staff will explain how you can use the service and provide the names of lawyers on its list.
Will a lawyer visit a hospital?
If you’re unable to visit a lawyer due to illness or mobility issues, some lawyers may meet you at your home or hospital. Ask your lawyer if they can arrange a visit.
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Estate administration publications and forms
The following guides provide detailed information about estate administration.
- Book 1 – Duties of an Estate Administrator
- Book 2 – Your Role as an Executor
- Book 3 – What is Probate?
- Book 4 – Closing an Estate
- Book 5 – List of Key Words - Estate Administration Resource Guide
Fact sheets
Estate administration forms
Supreme Court rule 64 or 65 and forms 74 through 89 apply to estate administration depending on the case.
These estate rules and forms can all be found on the Yukon Supreme Court page.
Form 4A – Requisition for:
- grant of probate (will)
- letters of administration (no will)
- letters of administration (will annexed)
Form 72 – Affidavit of executor
Form 73 – Affidavit of notice of application (with exhibit)
Form 74 – Affidavit of proposed administrator (no will)
Form 75 – Affidavit of administrator (will annexed)
Form 115 – Grant of probate
Form 116 – Letters of administration (no will)
Form 116B – Letters of administration (will annexed)
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