Laws, Requirements, Probate, Executors, and Estate Planning in Yukon
Creating a Will is one of the most important legal steps you can take to protect your family and ensure your assets are distributed according to your wishes. In Yukon, a properly prepared Will provides clear instructions about who inherits your property, who manages your estate, and how your affairs should be handled after your death.
Despite its importance, many residents of Yukon do not have a Will. Some believe they are too young or do not have enough assets to justify estate planning, while others assume their spouse or family will automatically inherit everything.
In reality, any adult in Yukon who owns property, has savings, or has dependents should consider creating a Will.
This complete guide explains everything you need to know about making a Will in Yukon, including:
Legal requirements for a valid Will in Yukon
What happens if you die without a Will
Executor responsibilities
Probate and estate administration
What assets are included in your estate
When to update your Will
How to create a legally valid Will
What Is a Will?
A Will (Last Will and Testament) is a legal document that outlines how your estate will be managed and distributed after you die.
Your Will allows you to:
Decide who receives your property and assets
Appoint an executor to administer your estate
Name guardians for minor children
Leave gifts to charities
Provide instructions for personal belongings
Your estate may include:
Real estate
Bank accounts
Investments
Vehicles
Personal belongings
Business interests
Without a Will, your estate will be distributed according to Yukon inheritance laws, which may not reflect your wishes.
Why Having a Will in Yukon Is Important
Many people delay estate planning, but creating a Will can prevent serious complications for your family.
A Will ensures:
Your Assets Go to the Right People
Without a Will, the law determines who inherits your estate.
Your Executor Is Someone You Trust
Your executor is responsible for managing your estate and carrying out your wishes.
Your Children Are Protected
Parents can appoint guardians for minor children in their Will.
Your Family Avoids Unnecessary Stress
Clear instructions reduce confusion and potential disputes.
Your Estate Is Settled More Efficiently
A clear Will helps simplify probate and estate administration.
Laws Governing Wills in Yukon
Wills in Yukon are governed primarily by the Wills Act (Yukon) and estate administration laws.
These laws set out:
Who can make a Will
How Wills must be signed and witnessed
What happens if someone dies without a Will
The legal process for administering an estate
Understanding these rules helps ensure your Will is legally valid.
Legal Requirements for a Valid Will in Yukon
To be legally valid in Yukon, a Will must meet several requirements.
1. You Must Be of Legal Age
In Yukon, you generally must be 19 years of age or older to create a Will.
However, minors may be able to create a Will under limited circumstances.
2. Testamentary Capacity
You must understand:
That you are making a Will
The nature of your property
Who might reasonably expect to inherit from your estate
This legal ability is called testamentary capacity.
3. The Will Must Be in Writing
A valid Will must be written. This can include:
Typed Wills
Printed Wills
Handwritten Wills
4. The Will Must Be Signed
The person making the Will (called the testator) must sign the document.
5. Two Witnesses Are Required
The Will must be signed in the presence of two witnesses who are present at the same time.
Important rules:
Witnesses must sign the Will
Witnesses should not be beneficiaries
Witnesses should not be the spouse of a beneficiary
If a beneficiary acts as a witness, their inheritance may be invalid.
What Happens If You Die Without a Will in Yukon?
If someone dies without a Will, they are considered to have died intestate.
When this happens, the law determines how the estate is distributed.
If You Have a Spouse and Children
Your estate will generally be shared between your spouse and children according to Yukon inheritance rules.
If You Have a Spouse but No Children
Your spouse typically inherits the entire estate.
If You Have Children but No Spouse
Your children inherit the estate equally.
If You Have No Immediate Family
Your estate may pass to:
Parents
Siblings
Extended relatives
If no relatives are found, the estate may go to the Government of Yukon.
What Assets Are Covered by a Will?
Your Will applies to assets that form part of your estate.
These may include:
Real estate
Bank accounts
Investments
Vehicles
Personal belongings
Business assets
Assets That May Not Be Included in Your Will
Some assets pass directly to beneficiaries outside your Will.
Examples include:
Jointly Owned Property
Property owned jointly with right of survivorship automatically passes to the surviving owner.
Registered Accounts
Accounts such as:
RRSPs
TFSAs
pensions
may have designated beneficiaries.
Life Insurance
Insurance benefits usually go directly to the named beneficiary.
Choosing an Executor in Yukon
An executor is responsible for administering your estate after your death.
Executor duties may include:
Locating your Will
Identifying estate assets
Paying debts and taxes
Applying for probate if necessary
Distributing assets to beneficiaries
Who Can Be an Executor?
You may appoint:
A spouse
An adult child
A trusted friend
A professional advisor
It is important to choose someone who is organized, responsible, and trustworthy.
Probate in Yukon
Probate is the legal process where the court confirms that a Will is valid and gives the executor authority to administer the estate.
The probate process may involve:
Filing the Will with the court
Providing an inventory of estate assets
Receiving legal authority to manage the estate
Not all estates require probate, but it is often necessary when:
Real estate must be transferred
Financial institutions require court authorization
The estate includes significant assets
Probate Fees in Yukon
Probate fees vary depending on the value of the estate.
Yukon probate costs are generally lower than in many Canadian provinces, but exact fees may depend on estate size and court requirements.
How to Make a Will in Yukon
There are several ways to create a Will.
1. Hiring a Lawyer
An estate lawyer can provide personalized advice for complex estates.
Typical cost:
$500 to $2,000+
This option is often recommended for:
large estates
blended families
business owners
2. Using an Online Will Service
Online Will platforms allow individuals to create a Will by answering guided questions.
Benefits include:
lower cost
convenience
fast completion
legally structured documents
3. Writing a Handwritten Will
A handwritten Will may be valid if it meets legal requirements, but errors in wording or witnessing can lead to legal complications.
When Should You Update Your Will?
Your Will should be reviewed regularly.
Common reasons to update a Will include:
marriage
divorce
birth of a child
purchasing property
starting a business
significant financial changes
death of a beneficiary or executor
Experts often recommend reviewing your Will every three to five years.
Where Should You Store Your Will?
Your original signed Will should be kept in a secure location.
Common storage options include:
a home safe
a lawyer’s office
a safety deposit box
secure document storage services
Your executor should know where the original Will is stored.
Other Important Estate Planning Documents
A Will is only one part of a complete estate plan.
Other important documents may include:
Power of Attorney
Allows someone to manage your financial affairs if you become incapable of doing so.
Personal Care Directive
Allows someone to make medical decisions on your behalf if you cannot.
Asset List
An organized list of assets, debts, and important information that helps your executor manage your estate.
Frequently Asked Questions About Wills in Yukon
Do Wills expire in Yukon?
No. A Will remains valid until it is replaced or revoked.
Do Wills need to be notarized in Yukon?
No. A Will does not need to be notarized if it is properly signed and witnessed.
Can I write my own Will?
Yes, but mistakes in wording or signing may create legal issues.
How long does probate take in Yukon?
Probate timelines vary depending on estate complexity, but the process often takes several months to complete.
Final Thoughts
Creating a Will in Yukon is one of the most important steps you can take to protect your family and ensure your wishes are respected.
A properly prepared Will can:
ensure your assets go to the people you choose
simplify estate administration
reduce family disputes
provide peace of mind for your loved ones
Whether you create your Will through a lawyer or an online service, the most important step is making sure you have a Will in place before it is needed.