A will is one of the most important legal documents you will ever create. In Canada, dying without a valid will — called dying intestate — means provincial intestacy laws determine who gets your assets, who raises your children, and who administers your estate. That outcome may have nothing to do with what you actually want.
This guide covers everything: what a will is, the legal requirements in Canada, what to include, types of wills available, common mistakes, and how to get started in 2025.
What Is a Will?
A will (also called a "last will and testament") is a legal document that sets out your wishes regarding the distribution of your assets after death. It typically names an executor (the person responsible for carrying out your wishes), beneficiaries (who receives what), and guardians for minor children if applicable.
In Canada, wills are governed by provincial and territorial legislation. While the core rules are similar across the country, each province has specific requirements for a will to be legally valid.
Why Every Canadian Adult Needs a Will
- Control over your assets: Without a will, your estate is distributed according to a fixed provincial formula — not your preferences.
- Guardianship for children: If you have minor children, a will lets you name their guardian. Without one, a court decides.
- Naming your executor: You choose who manages your estate, someone you trust.
- Minimize family conflict: Clear instructions reduce disputes among surviving family members.
- Faster estate administration: Probate courts prefer a clear will over intestacy.
- Tax planning: A well-drafted will can help structure assets to minimize the tax burden on your estate.
Legal Requirements for a Valid Will in Canada
To be legally valid in most Canadian provinces, a will must meet these requirements:
- Age: The testator (person making the will) must be the age of majority (18 in most provinces; 19 in BC, NB, NS, NL, NT, NU, YK; 16 if married in some provinces).
- Mental capacity: You must be of "sound mind" — you understand what a will is, the nature and extent of your estate, and who your natural heirs are.
- In writing: Wills must be written documents (typed or handwritten).
- Signature: The testator must sign the will at the end.
- Witnesses: For a formal (attested) will, two witnesses must sign in the presence of the testator (and each other in most provinces). Witnesses cannot be beneficiaries or spouses of beneficiaries.
Exception — Holograph Wills: In most provinces except BC and PEI, a holograph will (entirely handwritten and signed by the testator, no witnesses required) is legally valid. In Quebec, notarial wills (signed before a notary) are the most common and don't require probate.
Types of Wills in Canada
| Type | How Made | Witnesses | Probate Required? |
|---|
| Formal/Attested Will | Typed, signed before 2 witnesses | Yes — 2 non-beneficiaries | Yes (most provinces) |
| Holograph Will | Entirely handwritten by testator | No | Yes |
| Notarial Will (QC only) | Before a notary in Quebec | Yes (notary + 1 witness) | No |
| Online Will | Via platform (Willful, Epilogue) | Must be signed/witnessed per province rules | Yes |
What to Include in Your Will
1. Personal Information
Full legal name, address, and a revocation clause (stating this will supersedes all prior wills).
2. Executor Appointment
Name your executor (estate trustee in Ontario) and an alternate in case your first choice is unable to act. The executor's duties include applying for probate, paying debts, filing the terminal tax return, and distributing assets.
3. Guardian for Minor Children
If you have children under 18, name a guardian. This is one of the most critical provisions for parents.
4. Asset Distribution
- Specific bequests: Named items to named people ("my 1967 Mustang to my son James")
- Residuary estate: Everything left over after specific bequests and debts are settled
- Contingency provisions: What happens if a beneficiary predeceases you
5. Trustee Provisions
If beneficiaries are minors or you're creating a testamentary trust, name a trustee and specify trust terms.
6. Funeral and Burial Wishes
Optional but helpful — note your preferences for burial vs. cremation. However, wills are often read after funeral arrangements are made, so communicate these wishes verbally as well.
What a Will Cannot Do
- Override beneficiary designations on RRSPs, TFSAs, life insurance — these pass outside the estate.
- Govern jointly held property (it passes to the surviving joint owner by right of survivorship).
- Leave binding instructions about care of pets (though you can express wishes and leave money to a caretaker).
- Disinherit a spouse or dependants in most provinces — dependant relief legislation may override your will.
Important: Marriage revokes an existing will in most provinces (except BC since 2014). Divorce typically revokes gifts to a former spouse but does not revoke the will itself. Review your will after any major life event.
When Should You Update Your Will?
Review and potentially update your will after:
- Marriage or common-law partnership
- Divorce or separation
- Birth or adoption of a child
- Death of a named beneficiary or executor
- Significant change in assets (buying a home, inheritance, business sale)
- Moving to a different province
- Every 3–5 years as a general rule
DIY Wills vs. Professional Wills
| Option | Cost | Best For | Risk Level |
|---|
| Online platforms (Willful, Epilogue) | $99–$199 | Simple estates, no complex assets | Low–Medium |
| Will kits (paper forms) | $20–$50 | Very simple situations | Medium |
| Holograph will (handwritten) | Free | Emergency situations | High (easy to make errors) |
| Estate lawyer | $300–$1,500+ | Complex estates, business owners, blended families | Very Low |
Province-by-Province Notes
- Ontario: Formal will requires 2 witnesses; holograph wills valid; probate fees ~1.5% over $50K
- British Columbia: Holograph wills NOT valid; formal will required; WESA governs wills
- Quebec: Notarial wills most common and require no probate; English-style wills valid but require probate
- Alberta: No probate fees; holograph wills valid
- All other provinces: Standard attested will required; holograph wills valid in most
Getting Started: Steps to Write Your Will
- Take inventory of your assets (bank accounts, property, investments, life insurance, RRSPs/TFSAs)
- Decide on beneficiaries and the percentage/items each receives
- Choose an executor (and backup executor)
- Choose a guardian for any minor children
- Decide how to create your will (online, lawyer, or holograph)
- Sign with proper witnesses per your province's rules
- Store the original in a safe place; tell your executor where it is
- Review every 3–5 years or after major life events
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Frequently Asked Questions
Does a will need to be notarized in Canada?
No — in most of Canada, notarization is not required for a will to be valid. However, a notarized (probate-ready) will — where the witnesses swear an affidavit before a notary or commissioner — can speed up the probate process. In Quebec, notarial wills are the standard.
Can I write my own will in Canada?
Yes. Holograph wills (entirely handwritten and signed) are valid in most provinces (not BC or PEI). However, they're easy to invalidate through errors, so professional drafting is recommended for anything other than emergency situations.
What happens if I die without a will in Canada?
Your estate is distributed according to provincial intestacy legislation. Generally: assets go to spouse first, then children, then other relatives. Common-law partners are often NOT recognized under intestacy laws in many provinces, meaning they may receive nothing.
Are online wills legally valid in Canada?
Yes, wills created through platforms like Willful or Epilogue are legally valid if properly signed and witnessed according to your province's rules. These platforms guide you through the execution process.
Related guides: How to Write a Will Step-by-Step | Online Wills in Canada | Probate in Canada | Estate Planning Guide