Writing a will is one of the most important financial tasks you can complete, yet roughly half of adult Canadians do not have one. Without a will, provincial law decides who inherits your assets — and the process can be slow, expensive, and contentious. This guide walks you through everything you need to know to create a legally valid will in Canada.
A will is a legal document that records your wishes for what should happen to your property and dependants after you die. Beyond distributing assets, a will lets you name an executor (the person who carries out your wishes), appoint a guardian for minor children, and specify funeral or burial preferences.
Without a will, you die "intestate." Each province has intestacy legislation that determines who gets your estate — typically a spouse and children in a formula that may not reflect what you actually wanted. The court appoints an administrator, which adds cost and delay.
Will requirements are set by provincial and territorial legislation, but most jurisdictions share these fundamentals:
A holograph will is entirely written and signed by hand — no typed text, no witnesses required. These are accepted in most Canadian provinces (except Prince Edward Island and British Columbia, where they must still meet witness requirements). While valid, holograph wills are more likely to be challenged and harder to interpret.
Before writing anything, compile a clear picture of what you own and what you owe: real estate, bank accounts, investments, RRSPs, TFSAs, life insurance policies, business interests, vehicles, valuable personal property, and all outstanding debts. This inventory helps you understand the full scope of your estate and spot issues like a cottage that could trigger a large capital gains bill.
Think through your beneficiaries carefully. Common choices include a spouse, adult children, minor children (who will need a trustee), grandchildren, siblings, parents, or charities. Always name contingent (backup) beneficiaries in case a primary beneficiary predeceases you.
Your executor is responsible for locating and filing the will, applying for probate, paying debts and taxes, and distributing assets. This role can take one to three years for complex estates. Choose someone trustworthy, organized, willing, and ideally resident in the same province. Name a backup executor as well.
If you have children under 18, naming a guardian is arguably the most critical part of your will. Without this designation, a court decides — and the process can be prolonged. Discuss your choice with the proposed guardian before including them.
You have several options for drafting:
When signing a typed will, you and both witnesses must be present at the same time. The witnesses do not need to read the will — they are only witnessing your signature. Sign in ink, and make sure all pages are present. Some people initial each page to prevent tampering.
Common storage options include a fireproof home safe, a bank safety deposit box, with your lawyer or notary, or in provincial will registries. Tell your executor exactly where your will is kept and how to access it.
Review and potentially update your will after: marriage (which revokes a prior will in most provinces), divorce or separation, birth or adoption of a child, death of a beneficiary or executor, significant change in assets, or moving to a different province.
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