Learn about wills and estates

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?

1. All debts and taxes 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. 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.