The Complete Guide to Making a Will in Canada

Do I Actually Need a Will?

Yes. If you own anything, have children, or care about what happens after you're gone, you need a will. Without one, provincial law — not you — decides who gets your property, who raises your children, and how long the court process takes.

The most common reason Canadians delay making a will is that it feels complicated or expensive. It doesn't have to be either. This guide breaks down every part of the process so you can make informed decisions and get it done.

What a Will Actually Does

A will is a legal document that does four critical things:

• Distributes your assets: Specifies who receives your property, money, investments, and possessions.
• Names a guardian: If you have minor children, your will names who will raise them.
• Appoints an executor: The person legally responsible for carrying out your wishes and settling your estate.
• Reduces conflict: Clear instructions prevent family disputes and court battles.

Without a will, all four of these decisions are made by a court, using provincial intestacy laws that may not reflect your wishes at all.

What Your Will Should Include

A complete will covers the following elements:

• Executor and alternate executor: Name a primary executor and at least one backup in case your first choice can't or won't serve.
• Guardian for minor children: If you have children under 18 (or 19 in some provinces), name a guardian and an alternate.
• Specific bequests: Particular items or amounts going to specific people (e.g., "my vintage watch to my nephew David").
• Residual estate: What happens to everything that's left after specific bequests and debts are paid.
• Charitable donations: Any gifts to registered charities.
• funeral wishes: While not legally binding in all provinces, including your preferences helps your family.
• T trusts for beneficiaries: If any beneficiary is a minor or has special needs, you can set up a trust within the will.

Read our detailed guide on estate planning checklists for Canadians for a comprehensive list.

Legal Requirements by Province

While the basics are consistent across Canada, each province has its own Wills Act that governs specific requirements. Here's what you need to know:

Province	Minimum Age	Witnesses Required	Holographic Wills?
Alberta	18	2 (both present)	Yes
British Columbia	16	2 (both present)	No (as of WESA)
Ontario	18	2 (both present)	Yes
Saskatchewan	18	2 (both present)	Yes
Manitoba	18	2 (both present)	Yes
New Brunswick	18	2 (both present)	Yes
Nova Scotia	18	2 (both present)	No
Newfoundland	18	2 (both present)	Yes
PEI	18	2 (both present)	Yes

For province-specific guides, see our detailed articles on making a will in British Columbia, making a will in Ontario, and the Alberta Wills and Succession Act guide.

Types of Wills in Canada

Traditional Will (Lawyer-Drafted)

Prepared by a lawyer, signed in their presence with two witnesses. This is the gold standard — it's the least likely to be challenged and ensures all legal requirements are met. Costs range from $200-$500 for a basic will.

Online Will Services

Templates that you fill out and print yourself. They're legal if properly signed and witnessed, but they lack the personalized advice a lawyer provides. Read our comparison of online wills vs. lawyer-drafted wills for a full breakdown.

Holographic Will

A will entirely handwritten and signed by the testator, with no witnesses. Only valid in some provinces. While legal, they're frequently challenged and often cause more problems than they solve.

Notarial Will (Quebec only)

In Quebec, a notarial will is prepared by a notary and registered in a central registry. It's the most common type in Quebec and doesn't require witnesses.

Choosing Your Executor

Your executor is the person legally responsible for carrying out your wishes. This is one of the most important decisions in your will. Your executor will:

• Locate and value all your assets
• Pay outstanding debts and taxes
• Distribute assets to beneficiaries
• File final tax returns
• Handle any legal disputes

Choose someone who is trustworthy, organized, financially responsible, and ideally lives in the same province. You can also appoint a trust company as executor for a fee.

Read our full guide on how to choose an executor in Canada for detailed guidance.

Choosing a Guardian for Your Children

If you have children under 18 (or 19 in BC, NS, NB), your will should name a guardian. Without this, a court decides who raises your children — and it may not be who you'd choose.

Consider:

• Their relationship with your children
• Their parenting values and lifestyle
• Their financial stability
• Geographic location (will your children have to move?)
• Their willingness to take on this responsibility

Always discuss this with the person before naming them. Read our detailed guide on how to choose a guardian for your children.

How Much Does a Will Cost in Canada?

The cost depends on how you get it done:

Method	Cost Range	Best For
Lawyer (basic will)	$200-$500	Most people
Lawyer (complex estate)	$500-$2,000+	Business owners, blended families, trusts
Online will service	$50-$150	Very simple estates, no minor children
Holographic (DIY)	Free	Not recommended (high risk of being invalid)
Wills Made Easy	$395 individual / $495 couple	Includes will + POA + healthcare directive in one appointment

For a full breakdown, read our article on how much a will costs in Canada.

How to Store Your Will Safely

A will is useless if no one can find it. Common storage options include:

• With your lawyer or notary: Many lawyers keep wills in their vault and maintain a register.
• Home safe or fireproof box: Ensure your executor knows the location and combination.
• Bank safety deposit box: Your executor will need access instructions and possibly a court order.
• Provincial will registry: Some provinces (like BC) have voluntary wills registtries where you can register that a will exists.

Read our full guide on how to store your will safely in Canada.

When to Update Your Will

A will is not permanent. You should review and update it when:

• You marry, remarry, or enter a common-law relationship
• You divorce or separate
• You have a child or adopt
• A beneficiary or executor dies
• Your financial situation changes significantly
• You move to a different province
• Provincial laws change (rare but it happens)

Read our guide on when to update your will in Canada.

What Makes a Will Legally Valid

For a will to be valid in Canada (outside Quebec), it must:

• Be in writing (typed or handwritten, depending on type)
• Be signed by the testator at the end of the document
• Be signed in the presence of two witnesses (both present at the same time)
• Witnesses must not be beneficiaries or spouses of beneficiaries
• The testator must be of sound mind and acting without undue influence
• The testator must be the minimum age (18 in most provinces, 16 in BC)

For the full legal breakdown, see what makes a will valid in Canada.

What Happens If You Die Without a Will

Dying without a will is called dying "intestate." Each province has intestacy laws that determine who inherits your estate. The results are often surprising:

• In most provinces, a surviving spouse gets a preferential share plus a percentage of the remainder, with children splitting the rest. The preferential share varies by province:

Province	Spousal Preferential Share	Notes
Alberta	$165,000	Adult interdependent partners included
British Columbia	$300,000	Higher than most provinces
Ontario	$350,000	Highest in Canada (as of 2022 update)
Saskatchewan	$200,000	—
Manitoba	$150,000	—
Nova Scotia	$100,000	Lower than most provinces
New Brunswick	$100,000	—
Newfoundland & Labrador	$150,000	—
Prince Edward Island	$100,000	—

• Common-law partners may receive nothing in some provinces — including Alberta, despite being in a long-term relationship.
• If you have no spouse and no children, your estate goes to parents, then siblings, then more distant relatives.
• If no relatives can be found, the estate goes to the provincial government.

This is one of the biggest risks for Canadian families. Read our detailed article on what happens if you die without a will in Canada.

Can Someone Contest Your Will?

Yes, a will can be challenged in court. Common grounds include:

• Lack of testamentary capacity (the person wasn't of sound mind)
• Undue influence (someone pressured the testator)
• Improper execution (not signed or witnessed correctly)
• Fraud or forgery
• Inadequate provision for dependents (many provinces have legislation requiring "adequate provision" for spouses and children)

A properly drafted, lawyer-prepared will is much harder to contest. Read our article on contesting a will in Canada for details.

Frequently Asked Questions

Do married couples need separate wills?

Yes. Joint wills are rare and problematic in Canada. Each spouse should have their own will. Read our article on whether married couples need separate wills.

Is an online will valid?

Yes, if it meets all the legal requirements (signed, witnessed, etc.). However, it may not address your specific situation. See our comparison of online wills vs. lawyer-drafted wills.

Can I write my own will?

You can, but it's risky. A holographic will (entirely handwritten) is valid in most provinces but frequently challenged. Read our article on whether you can write your own will in Canada.

What about blended families?

Blended families need especially careful estate planning to ensure all children and spouses are provided for. Read our guide on wills for blended families in Canada.

What about common-law couples?

Common-law partners don't have the same automatic inheritance rights as married spouses in many provinces. Read our guide on wills for common-law couples in Canada.