Updated: April 2025  |  bremo.io financial guides

Writing a Will in Canada: What You Need to Know 2025

A will is the legal document that directs what happens to your money, property, and possessions after you die. Without one, your province decides for you — and the result may be nothing like what you would have wanted. Despite how important they are, the majority of Canadians still don't have a valid will. This guide explains everything you need to know to get one done right.

What a Will Does (and Doesn't Do)

A will can:

• Name who receives your assets
• Name an executor to carry out your wishes
• Name a guardian for minor children
• Set up testamentary trusts for beneficiaries
• Specify charitable donations
• Express your funeral wishes (though this is not legally binding)

A will cannot:

• Override valid beneficiary designations on RRSPs, TFSAs, insurance, or pensions
• Override joint ownership with right of survivorship
• Change the terms of a binding separation agreement or marriage contract
• Make gifts that were already given away before death

Types of Wills in Canada

Formal (Witnessed) Will

The standard type of will in Canada. Must be in writing, signed by you (the testator), and witnessed by two witnesses who sign in your presence and in each other's presence. Witnesses must be adults and must not be beneficiaries named in the will (in most provinces). This is the recommended type for any will of substance.

Holograph Will

A will written entirely in your own handwriting and signed by you — no witnesses required. Valid in most Canadian provinces (not valid in PEI, though). While valid, holograph wills are riskier: they're more likely to be challenged, may be ambiguous, and often create more work for the executor. A holograph will is better than no will, but a professionally prepared will is better still.

Notarial Will (Quebec Only)

In Quebec, a will prepared and signed before a notary (and one witness) is automatically authentic and does not require probate. This is a significant advantage — it saves time and probate costs. Most Quebec residents are advised to use a notarial will.

Online Wills

Several services now offer online will creation (LegalWills.ca, Willful, Epilogue Wills). These are generally less expensive than using a lawyer ($100-$200 vs. $300-$1,000+) and are legally valid if properly executed. They work well for straightforward estates. For anything complex — blended families, trusts, significant assets, business ownership — use a lawyer.

What to Include in Your Will

A complete will should address:

• Executor: Who will carry out your wishes and administer the estate. Name an alternate in case your first choice cannot serve.
• Beneficiaries: Who receives specific assets or a share of the residue (what's left after debts and specific gifts).
• Specific gifts: Named items to named people ("my grandfather's watch to my son James").
• Residue clause: What happens to everything not specifically named. This is where most of your estate will end up.
• Guardian for minor children: Critical if you have children under 18. Your named guardian is not automatically approved — a court must confirm — but your nomination carries enormous weight.
• Testamentary trusts: If you want assets held in trust for beneficiaries (children, beneficiaries with disabilities, etc.).
• Charitable gifts: Cash amounts or percentages of the estate to charities.
• Contingency clauses: What happens if a beneficiary dies before you.

Making Your Will Valid

Requirements for a formal will in most provinces:

• Must be in writing (typed or handwritten)
• You must be at least 18 years old (or married, in some provinces)
• You must be mentally capable ("of sound mind") when signing
• You must sign at the end of the will
• Two adult witnesses must watch you sign and then sign themselves
• Witnesses must not be beneficiaries or spouses of beneficiaries

Costs of Making a Will in Canada

Will costs vary significantly:

• Simple online will: $100-$200
• Lawyer (simple will): $300-$600
• Lawyer (complex will with trusts): $1,000-$3,000+
• Notarial will (Quebec): $300-$700 typically

These costs are a fraction of what a contested or incomplete will can cost your estate. An estate dispute can burn tens of thousands of dollars in legal fees. Spend the money now.

Dying Without a Will in Canada (Intestacy)

If you die without a valid will, provincial intestacy laws determine who receives your estate. The results might surprise you:

• In most provinces, a common-law spouse has no automatic inheritance right under intestacy — only married spouses qualify.
• Assets are typically split between a spouse and children in proportions set by law, which may not match your wishes.
• If you have no spouse and no children, your estate goes to parents, then siblings, then more distant relatives.
• If no living relatives can be found, your estate goes to the provincial government (called escheat).
• The court appoints an administrator — there is no executor of your choosing.

Updating Your Will

Your will should be reviewed every 3-5 years and updated after major life events:

• Marriage (a new marriage typically revokes an existing will in most provinces)
• Divorce (removes a spouse as beneficiary in most provinces)
• Birth of a child or grandchild
• Death of a named executor or beneficiary
• Significant change in your financial situation
• Moving to a different province

Don't write on an existing will to make changes — alterations to a will can invalidate it. Instead, make a codicil (a formal amendment) or create an entirely new will.

Storing Your Will

Your will is no use if no one can find it. Best practices:

• Tell your executor where it is — ideally give them a copy.
• Store the original in a safe place: a fireproof home safe, a safety deposit box, or with your lawyer.
• Register it with a provincial will registry (available in most provinces) so it can be found after your death.
• Never store the only copy in a location that requires probate to access — this creates a chicken-and-egg problem.