How to Prepare a Last Will & Testament

Preparing a Last Will & Testament is one of the most important steps a client can take to ensure their assets are distributed according to their wishes and that their loved ones are protected. This document outlines how a person’s estate should be handled upon their death, including who will serve as their executor, who their beneficiaries are, and how specific gifts or distributions should be made.

At Optimize, our role is to guide clients through the Will preparation process with care, clarity, and precision. To support this, we use a standardized Will Preparation Form designed to capture all relevant personal, legal, and distribution details. Each section must be completed accurately to ensure that the final document reflects the client’s intentions and meets legal requirements.

This article provides a step-by-step overview of how to properly complete the Last Will & Testament Preparation Form, including what information needs to be entered. Use this guide to ensure a smooth, efficient experience for both you and your clients.

Entering Personal Information

Full Name: Enter the full legal name of the individual for whom the Last Will and Testament is being prepared.
City/Town: Enter the current city or town of residence for the individual the will is being prepared for.
Province/Territory: Enter the province or territory of residence for the individual the will is being prepared for.

Marital Status Information

Single: Check this box if the individual is single, divorced, or widowed. (Note: As indicated on the form, if the individual is divorced or widowed, select “Single” for the purpose of this document.)
Married: Check this box if the individual is legally married.

If “Married” is selected:

Spouse’s Name: Enter the full legal name of the individual’s spouse.
City/Town: Enter the city or town where the spouse resides.
Province/Territory: Enter the province or territory where the spouse resides.
Common Law: Check this box if the individual is in a common-law relationship.

If “Common Law” is selected:

Partner’s Name: Enter the full legal name of the individual’s common-law partner.
City/Town: Enter the city or town where the partner resides.
Province/Territory: Enter the province or territory where the partner resides.

Entering Children Information

Do you have children?: Select Yes if the individual has children. If not, check No and skip the remaining fields in this section.

If Yes is selected:

Child Name: Enter the full name of the child to be included in the Will.
Relationship: Specify the relationship to the child (e.g., biological child, adopted child).
Is this child a dependent?: Indicate whether the child is a dependent by selecting Yes or No.

Note: Dependent children are defined as those who are minors (under 18 years of age), attending post-secondary school and under 25 years of age, or individuals who are no longer minors but are unable to care for themselves due to a mental or physical condition.

Important: Children from a subsequent marriage (e.g., stepchildren) should only be listed here if they are legally adopted. If not, include them in the Gift section (Item #7) of the Last Will and Testament instead.

Entering Guardianship Information

Do you want to appoint a guardian for your dependent children in the event your spouse passes away first?: Select Yes if the individual would like to name guardians for their dependent children should their spouse predecease them. Select No if they do not wish to appoint a guardian in this scenario.

If Yes is selected, enter the following for each guardian (up to two may be appointed to act jointly):

First Guardian Details

Full Name: Enter the full legal name of the first appointed guardian.
City/Town: Enter the city or town where the first guardian resides.
Province/Territory: Enter the province or territory where the first guardian resides.

Second Guardian Details

Full Name: Enter the full legal name of the second appointed guardian, if applicable.
City/Town: Enter the city or town where the second guardian resides.
Province/Territory: Enter the province or territory where the second guardian resides.

Note: If two guardians are named, they will act jointly in the event the Will is activated and the spouse has passed away. Ensure that both individuals are aware of and comfortable with the responsibilities associated with legal guardianship.

Entering Residue of Estate Information

Do you want your spouse/partner to receive the assets of your estate excluding any gifts you might give to others?:
Select Yes if the individual wishes for their spouse or partner to receive the remaining estate assets after specific gifts are distributed.

Note: If this option is selected, the estate will be distributed per stirpes. This means that if the spouse passes away before the individual and there are children, the spouse’s share will go to the children. If one of the children has predeceased the individual, their portion will pass to their own children (i.e., the individual’s grandchildren). If the deceased child has no children, their share will be equally divided among the surviving children.

Select No if the individual does not want the spouse/partner to receive the residue of the estate. If No is selected, the Designated Beneficiaries section must be completed to specify who will receive the estate assets.

Entering Designated Beneficiaries Information

Designated Beneficiary #1

Full Name: Enter the full legal name of the primary individual who will receive the remaining estate assets.
City/Town: Enter the city or town where the designated beneficiary resides.
Province/Territory: Enter the province or territory where the designated beneficiary resides.

Designated Beneficiary #2 / Alternate Beneficiary

Full Name: Enter the full legal name of the alternate beneficiary who will receive the remaining estate assets if the primary beneficiary is unable or unwilling to accept the inheritance.
City/Town: Enter the city or town where the alternate beneficiary resides.
Province/Territory: Enter the province or territory where the alternate beneficiary resides.

Note: An Alternate Beneficiary is named in the event that the primary Designated Beneficiary predeceases you. In such cases, the residue of the estate will pass to the Alternate Beneficiary.

If you are naming two or more Designated Beneficiaries, an Alternate Beneficiary cannot be specified. Instead, you will be required to allocate the residue of the estate (excluding gifts) in 100 total shares among the named beneficiaries and/or charitable organizations. The combined allocation across all recipients must equal exactly 100 shares.

Entering Additional Beneficiary or Charitable Organization Information

Full Name or Charity/Organization: Enter the full legal name of the individual beneficiary or the official name of the charity or organization.
Registration Number (If Charity/Organization): If the beneficiary is a charitable organization, enter its Canada Revenue Agency (CRA) registration number. This ensures the gift is directed to the correct entity and qualifies for any applicable tax benefits.
City/Town: Enter the city or town where the individual or organization is located.
Province/Territory: Enter the province or territory of residence for an individual, or the registered location for a charitable organization.

Note: The Charity/Organization registration number is the official reference number issued by the government to every registered charity or organization. The 15-digit number includes "RR" (e.g., 156846352RR1234) and can be found on donation receipts. It is also commonly listed in the footer of the charity’s website or can be found using the Government of Canada’s Charity Search tool.

Entering Wipeout Clause Information

Do you wish to include a Wipeout Clause?: Select Yes if the individual would like to name a backup recipient (or recipients) to receive their estate in the event that all named beneficiaries—such as their spouse, children, grandchildren, or other designated beneficiaries—predecease them. Select No if they do not wish to include a Wipeout Clause.

If Yes is selected, the individual must provide the name(s) and relevant information for their Wipeout Beneficiary or Beneficiaries.

Including a Wipeout Clause ensures that the estate is distributed according to the individual’s wishes—even in the unlikely event that all primary and alternate beneficiaries have passed away. Without this clause, the estate may be distributed according to provincial intestacy laws, which could result in outcomes that may not reflect the individual’s intentions.

Note: A Wipeout Beneficiary is a person or charitable organization who will inherit the estate only if all primary beneficiaries—including the spouse, children, grandchildren, and designated beneficiaries—are no longer living at the time of death. More than one Wipeout Beneficiary can be named, and their shares can be divided accordingly.

Entering Wipeout Clause Distribution Preference Information

If the individual chooses to include a Wipeout Clause, they must then specify how the estate should be distributed in the event that all named beneficiaries predecease them.

Divided equally among your parents/siblings and your spouse/partner’s parents/siblings:
Select Yes if the individual would like their estate to be divided equally among both their own immediate family (parents and siblings) and their spouse or partner’s immediate family (parents and siblings) in the event that the Wipeout Clause is triggered.
Select No if the individual does not want this default distribution. In this case, they must manually provide the names and details of their chosen Wipeout Beneficiaries in the space that follows.

Entering Specific Gifts

This section allows the individual to list any specific gifts they would like to leave to a person or charitable organization. These gifts will be distributed before the residue of the estate and wipeout clause are settled.

Do you want to leave any specific gifts in your Will to an individual or charity/organization?
Select Yes if the individual wishes to leave any specific assets, amounts, or items to a named recipient.
Select No if no specific gifts are to be included in the Will.

If Yes is selected, complete the following details for each gift:

Full Name or Charity/Organization: Enter the full legal name of the individual or the official name of the charitable organization that will receive the gift.
Registration Number (If Charity/Organization): If the gift is being left to a charitable organization, enter its 15-digit CRA registration number (e.g., 123456789RR0001).
City/Town: Enter the city or town where the recipient resides.
Province/Territory: Enter the province or territory of the recipient.
What are you leaving to this person, charity/organization?: Clearly describe the gift being left (e.g., a dollar amount, a specific asset, or a valuable item such as a piece of jewelry or property).

If the individual would like to name a backup recipient in case the original recipient is no longer living or able to accept the gift, complete the optional alternate recipient section:

Name of Alternate Recipient: Enter the full name of the alternate individual or organization.
City/Town: Enter the city or town where the alternate recipient resides.
Province/Territory: Enter the province or territory of the alternate recipient.

Note:

You have the option to list an alternate beneficiary for each gift. However, your alternate recipient will only receive the gift if your first-choice refuses or passes away before you.

The Charity/Organization registration number is the official reference number issued by the government to every registered charity or organization. The 15-digit number includes "RR" (e.g., 156846352RR1234) and can be found on donation receipts. It is also commonly listed in the footer of the charity’s website or can be found using the Government of Canada’s Charity Search tool.

Entering Inheritance Delay

This section allows the individual to specify whether minor beneficiaries should wait until a certain age before receiving their inheritance.

Do you want any minor beneficiaries to wait until a certain age before they receive their inheritance?
Select Yes if the individual wishes to delay the distribution of inheritance to any beneficiary who is under the age of majority at the time of their passing.
Select No if the inheritance should be distributed immediately upon the beneficiary reaching the legal age of majority in their province or territory.

If Yes is selected:

At what age will the minor beneficiaries receive their inheritance?
Enter the age at which the individual would like minor beneficiaries to become eligible to receive their inheritance.

Entering Executor of the Estate Information

Do you want your spouse/partner to manage your estate?
If Yes, the spouse or partner will be named as the primary Executor of the Will. No further information needs to be provided unless a secondary executor is being added.
If No, the individual must specify who will manage their estate by completing the following fields:
Full Name: Enter the full legal name of the person who will act as executor.
City/Town: Enter the city or town where the executor resides.
Province/Territory: Enter the province or territory of residence for the executor.
Would you like to add another executor? The individual has the option to appoint a second executor to act jointly with the first.
If Yes is selected, the following fields must be completed for the second executor:
Full Name: Enter the full legal name of the second executor.
City/Town: Enter the city or town where the second executor resides.
Province/Territory: Enter the province or territory of the second executor.
If No is selected, no additional information is required.

Note: If two executors are appointed, they must act jointly. This means all estate decisions must be made together, and they share equal authority and responsibility. Carefully consider the relationship and communication ability between both parties when naming joint executors.

Entering Alternate Executor Information

This section allows the individual to name a backup (alternate) executor in case the originally appointed executor(s) (outlined in Section 9) predecease them or are unwilling or unable to act at the time the estate needs to be administered.

Do you want to name an alternative executor?
Select Yes if the individual would like to name one or two people to act as backup executors.
Select No if they do not wish to designate any alternates.

If Yes is selected, the individual may complete the details for up to two backup/alternate executors. This ensures that the estate will still be managed according to their wishes, even if the primary executor(s) are unavailable.

For each backup executor, complete the following fields:

Full Name: Enter the full legal name of the person who will serve as a backup executor.
City/Town: Enter the city or town where the backup executor resides.
Province/Territory: Enter the province or territory of the backup executor’s residence.

Note: If two backup executors are appointed, they will be required to act jointly. This means they must collaborate and make all estate-related decisions together, sharing equal responsibility and authority throughout the administration process.

Entering Pet Information

This section allows the individual to document details about their pet(s) and outline instructions for their care and financial support in the event of the individual’s passing.

Do you have any pet(s)?
Select Yes if the individual owns one or more pets they would like to include in their Will.
Select No if this section does not apply.

If Yes is selected, complete the following pet-related details:

Pet Name: Enter the name of the pet.
Pet Description: Include identifying details such as breed, size, or distinguishing features to clearly identify the pet.
Pet Fund Amount: Indicate the amount of money to be set aside from the estate for the care of the pet. This amount will be provided to the designated caretaker.
Do you want to appoint a pet caretaker now?:
Select Yes if the individual wants to name a specific person who will take responsibility for the pet. If No, no further information is required.

If Yes is selected, fill in the following caretaker information:

Full Name: Enter the full legal name of the person who will act as the pet’s caretaker.
City/Town: Enter the city or town where the caretaker resides.
Province/Territory: Enter the province or territory of residence for the caretaker.

Entering Additional Instructions

Do you want to include any additional instructions?:
Select Yes if the individual would like to add further instructions or specific clauses.
If No, no further action is needed.

If Yes is selected, use the lines provided to clearly write out the additional instructions that should be included in the Will.

Note: Any additional details entered here will be included verbatim in the final Will, so clarity is essential. This section should not be used to amend or revisit topics already addressed in other parts of the document. The goal is to avoid ambiguity—use complete sentences, avoid abbreviations, and refrain from personal names and pronouns (such as we, us, you, they). Instead, refer to roles or titles such as "the Executor" or "the Guardian." Each clause should ideally be kept to one paragraph for clarity. Lastly, funeral or burial wishes should not be included here, as they are not part of the legal scope of this Will and should be documented separately.