Learn about wills and estates

Anyone 19 years or older who is mentally capable can make a will. This means:

• you understand what you’re writing; and
• you appreciate 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

You’re a "testator" when you make a will. For a will to be legal, you must:

• sign at the end of the document;
• have it witnessed by 2 people; and
• be present when the witnesses sign the document.

You can also have someone else sign your will for you if you:

• on your behalf; and
• if you’re present.

A holograph will was written by hand and signed by the deceased. It’s considered a legal will.

Beneficiaries

A beneficiary inherits an item or money from your estate. The person you appointed in your will to take care of your estate, the “executor”, gives out your assets.

Changing your will

You can make changes as long as you’re alive and 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 assets.
• Give powers to your executor.
• Wishes for your burial or cremation;
• Other wishes; these are 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 your share of property you jointly own with 1 or more people in a joint tenancy.

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, you die "intestate". A relative or friend can apply to the Supreme Court of Yukon to become the executor of your estate. In rare cases, the Public Guardian and Trustee may apply.

Your friends and family

Cannot decide how to distribute your estate.

How is the estate divided?

1. All debts are paid.
2. 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. Estate process vary in other jurisdictions.

What about special circumstances?

Talk with a lawyer to get accurate advice. The Public Guardian and Trustee can explain the estate process, but cannot give legal advice.

Some examples:

• You have a child under the age of 16.
• You have a child over the age of 16 who is unable to earn a livelihood due to a mental or physical disability.
• You’re a Citizen of a Yukon First Nation that has laws governing inheritance.
• You have a former spouse or partner who's been dependent on you for the past 3 years.
• Your estate might have to continue paying child or spousal support after you die.

To learn more, read Ten common questions about wills and estates.