Last updated: March 2026 | Reading time: ~10 minutes
A will is a legally binding document that expresses your wishes for what happens to your property, your dependants, and your affairs after you die. Without one, provincial intestacy laws take over — and they follow a rigid formula that may leave your spouse, common-law partner, children, or favourite causes with nothing.
Consider these critical reasons to have a will:
Canadian law recognizes several types of wills, and the rules differ by province:
The most common and widely recognized type. Requirements typically include:
Entirely handwritten and signed by the testator — no witnesses required. Recognized in Ontario, BC, Alberta, Manitoba, Saskatchewan, and several other provinces. Quebec does not recognize holograph wills. While valid, holograph wills are riskier and more prone to challenge.
In Quebec, a will prepared and signed before a notary is called a notarial will. It has a major advantage: it does not require probate (court verification), saving your estate significant time and fees. This is the preferred option for Quebec residents.
Members of the Canadian Armed Forces on active service may execute a will with special formalities. These are rarely used by civilians.
| Will Type | Witnessed Required? | Probate Required? | Province Notes |
|---|---|---|---|
| Formal Will | Yes (2 witnesses) | Usually yes | Valid across Canada |
| Holograph Will | No | Usually yes | Not valid in Quebec |
| Notarial Will | Via notary | No | Quebec only |
While federal law is largely silent on wills, each province has its own Wills Act (or equivalent). Common requirements across provinces:
List everything you own: real estate, bank accounts, investments (RRSPs, TFSAs, RRIFs), vehicles, business interests, personal property, digital assets, and life insurance policies. Also list your debts: mortgage, loans, credit cards.
Decide who gets what. Common choices: spouse/partner, children, grandchildren, siblings, friends, charities. Be specific — "my jewelry to my daughter Sarah" avoids confusion. Consider what happens if a beneficiary predeceases you (lapse and substitution clauses).
Your executor (called a "liquidator" in Quebec or "personal representative" in Alberta) administers your estate. Choose someone organized, trustworthy, and ideally younger than you. You can name a professional executor such as a trust company for complex estates.
If you have children under 18, naming a guardian in your will is essential. Without it, a court decides — often in a contested and expensive proceeding.
A testamentary trust created in your will can hold assets for minor children until they reach a specified age, provide for a disabled beneficiary, or facilitate tax planning. Consult a lawyer if your estate is complex.
Options range from DIY online platforms to estate lawyers. For estates with real property, blended families, business interests, or significant assets, professional legal advice is strongly recommended. See will costs in Canada for pricing guidance.
All parties must be in the same room simultaneously. Witnesses sign after you, confirm they witnessed your signature, and add their addresses. Witnesses cannot be beneficiaries.
Keep the original in a fireproof safe, with your lawyer, at a bank safety deposit box, or with your province's official will registry (available in BC, Alberta, Manitoba, Quebec). Tell your executor where it is.
The executor role is demanding. Your executor will:
Executors are entitled to reasonable compensation — typically 2.5–5% of the estate value in most provinces. Professional trust companies charge similar rates but offer continuity and expertise for complex estates.
The cost of a will varies widely. See our detailed breakdown at will cost in Canada. In brief:
A will is not a "set it and forget it" document. Review and update it after:
Yes. Holograph wills — entirely handwritten and signed by you — are valid in most provinces except Quebec. However, they are more easily challenged and may miss important clauses. For anything beyond a simple estate, professional drafting is worth the cost.
Not necessarily. Whether an estate goes through probate depends on the type of assets, not just whether there's a will. Assets with named beneficiaries (RRSPs, TFSAs, life insurance), joint tenancy property, and small estates may avoid probate regardless of a will. See our probate fee guide.
Your estate passes according to the Succession Law Reform Act intestacy rules. Your spouse receives the preferential share ($350,000 as of 2022), then the remainder is split. Children and other family may receive shares. See dying without a will in Canada.
Generally no. Most provinces have "dependent relief" legislation allowing spouses and dependants to make claims against an estate even if excluded from the will. Quebec's civil law provides similar protections.
An online will is valid if it meets the formal requirements of your province: proper signature and witnessing. Many online platforms now offer remote witnessing options. Quality varies — review the platform carefully and consider whether your estate warrants professional review.
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