Do I Need a Lawyer or Notary?

Writing a Will is one of the most personal and important things you can do. But you might wonder—do you really need a lawyer or notary to make it official? The short answer is no, not always. The more helpful answer is this: it depends on your life, your assets, and your goals.

While many Canadians can create a valid Will without a lawyer, certain situations make legal guidance not just useful, but essential. This article will help you understand when to go it alone and when to get expert support.

When You Should Consider Hiring a Lawyer or Notary

Not all Wills are created equally, and neither are all estates. The more complex your situation, the more value a lawyer or notary can provide.

Consider Professional Help If You…	Why It Matters
Own property in multiple provinces or countries	Jurisdictional rules can complicate asset transfer
Have a blended family or past marriages	Conflict between heirs can arise without clear legal language
Want to set up a trust or special instructions	Legal support ensures your goals are carried out correctly
Have dependants with disabilities	Specialized planning may be needed to preserve benefits or structure support
Are excluding someone who might expect a gift	Lawyers can help reduce the risk of challenges to your Will

A lawyer or notary brings more than paperwork. They bring clarity, oversight, and legal security to your most personal wishes.

Tip: If you’re unsure whether your Will is clear or legally sound, a short meeting with a lawyer can save your family months of stress and expense.

When a DIY or Online Will Might Be Enough

If your estate is simple and your wishes are straightforward, you may not need professional help. DIY Wills, Will kits, or online tools can be appropriate if:

You are leaving everything to your spouse or children
You have minimal assets and no real estate
Your beneficiaries all get along and live in the same province
You do not plan to exclude anyone who might contest your Will
You are comfortable following instructions to make it legally valid

These tools are especially useful for first-time Will writers who want to put something in place quickly and affordably.

Lawyers vs. Notaries: What’s the Difference for Wills

The professional you work with may vary by province. Here is a general breakdown:

Role	Where Common	What They Can Do
Lawyer (Wills & Estates)	All provinces	Provide legal advice, draft Wills, set up trusts, defend Wills in court
Notary Public	Quebec, BC, some others	Prepare and notarize legal documents, including Wills, but usually not litigate
Notarial Will (Quebec)	Quebec only	Valid without probate, signed before a notary and one witness

Lawyers are especially useful for estate planning that involves tax strategies, business succession, or complex family matters. Notaries, particularly in Quebec, offer a more administrative but still legally secure process.

Important: If your Will may be contested or your family situation is complex, working with a lawyer is strongly recommended. An improperly drafted or unclear Will can cause lasting harm, even if your intentions were sound.

How Optimize Helps You Choose the Right Path for Your Will

At Optimize, we help you think through your estate planning needs based on your goals, assets, and life stage. We don’t prepare legal documents, but we help you identify when it is time to seek legal help—and what questions to ask when you do.

We also ensure your Will aligns with your broader financial plan, from investment accounts to charitable goals.

Why the Right Will Brings Peace of Mind

You don’t need a lawyer to care about your legacy. But sometimes, legal support is what turns your wishes into clear, enforceable decisions. Whether you write your Will yourself or hire help, the most important thing is to start, stay thoughtful, and get it done properly.

The best Will is one that is clear, current, and confidently made. We’re here to help you reach that point—with or without a lawyer.