A will is only as good as its legal validity. A will that looks perfect — clear language, sensible distribution, proper intentions — can be completely unenforceable if it does not meet provincial legal requirements.

The Core Requirements Across Canada

  • In writing: Typed, printed, or handwritten. Oral wills are not valid except in rare military circumstances.
  • Signed by the testator: At the end of the document.
  • Witnessed by two people: Present at the same time, not beneficiaries. They must watch you sign and sign in your presence.
  • Testamentary capacity: You understand you are making a will, the nature of your property, who has a natural claim, and the consequences.
  • Voluntary: No undue influence or coercion.

Province-Specific Requirements

Alberta (Wills and Succession Act)

  • Holographic wills are valid (entirely handwritten, no witnesses)
  • Court can cure defective execution if intentions are clear
  • Adult interdependent partners have rights a will cannot override

British Columbia (Wills, Estates and Succession Act)

  • Holographic wills are NOT valid (except military)
  • Court can cure defective execution under section 58 of WESA
  • Marriage revokes a will unless made in contemplation of marriage

Ontario (Succession Law Reform Act)

  • Holographic wills are valid
  • Multiple wills permitted (primary for probate assets, secondary for non-probate)
  • Dependent's relief provisions allow family members to challenge
  • Marriage no longer revokes a will (automatic revocation abolished January 2022)
  • Separated spouses may lose inheritance rights since January 2025 amendment

What Can Invalidate a Will

  • Improper execution: Witness errors, beneficiary as witness
  • Lack of capacity: Did not have testamentary capacity when signing
  • Undue influence: Coerced into making or changing the will
  • Fraud: Deceived about the contents
  • Revocation: Later will, marriage, or physical destruction

Practical Recommendations

  • Use two independent witnesses who are not beneficiaries
  • Sign at the end — nothing after the signature
  • Initial each page
  • Store the original safely — a copy is not sufficient for probate
  • Keep it current — read our guide on when to update your will

At Wills Made Easy, a licensed legal professional ensures your will meets all provincial legal requirements. A single one-hour appointment covers your will, power of attorney, and personal directive. Find your city to get started — $395 for individuals, $495 for couples.