If amendments are passed, Yukoners can draft an enduring power of attorney without a lawyer
The Yukon government announced last Thursday that it has introduced Bill 49, the Technical Amendments (Estates, Unclaimed Bodies and Other Matters) Act (2025), in the Yukon Legislative Assembly.
“The proposed bill will allow for easier estate planning and administration while supporting the respectful treatment of Yukoners who die without a valid will and with no next of kin,” said Tracy-Anne McPhee, Yukon’s justice minister, in the territorial government’s news release.
The proposed legislation seeks to introduce changes to four legislative acts. First, it will amend Yukon’s Estate Administration Act, 2022, which governs the treatment of an estate after someone dies without a valid will.
Next, the proposed bill intends to make the minor changes necessary for Yukon’s Enduring Powers of Attorney and Related Amendments Act (2020) to come into force. Lastly, it also contemplates minor changes to Yukon’s Coroners Act, 2002 and Funeral Directors Act, 2002.
Through the proposed amendments, the territorial government seeks to offer greater accessibility, fairness, and support for Yukon’s families, the news release said. The contemplated changes also aim to streamline the process for resolving an estate in a case where a person has passed away without a valid will, the news release added.
Specifically, proposed amendments to the Estate Administration Act aim to allow Yukon’s government to order respectful burials for those who have died with no next of kin and valid will, as well as to clarify the government’s role in relation to certain estate matters.
On the other hand, changes contemplated for the Enduring Powers of Attorney and Related Amendments Act seek to make estate planning more affordable and accessible and to offer more options for estate planning. If passed, these changes will allow Yukoners to draft an enduring power of attorney without needing to retain a lawyer.
“These legislative changes highlight the importance of preparing a will and powers of attorney to clearly communicate Yukoners’ wishes for how they want their estate administered,” McPhee said in the news release.
According to the news release, national studies have revealed that 50–62 percent of Canadians pass away without a will, that a further 24–27 percent of Canadians die with an outdated and potentially invalid will, and that an average of about 160 Yukoners pass away every year without a will.
In its news release, the Yukon government stressed the importance of preparing a valid and current will and urged Yukoners to tell their loved ones their wishes for what should happen to their estate after they die or after they potentially become unable to manage the estate.
