Canada has no single national wills legislation — instead, each province and territory has its own succession laws, meaning the requirements for a valid will can differ depending on where you live. Despite this complexity, writing a will online in Canada is perfectly achievable for most residents, provided you use a service that accounts for your specific province's requirements.
The stakes are high: an estimated 50% of Canadian adults do not have a will. Without one, your estate is distributed under provincial intestacy laws — and the results can be very different from what you'd want.
| Province/Territory | Governing Legislation | Witnesses Required | Holographic Will Valid? | Probate Fee |
|---|---|---|---|---|
| Ontario | Succession Law Reform Act | 2 | Yes | 1.5% over $50,000 |
| British Columbia | Wills, Estates and Succession Act (WESA) 2014 | 2 | Yes (but no witnesses) | Sliding, max ~1.4% over $50,000 |
| Alberta | Wills and Succession Act | 2 | Yes | Flat: $35–$525 |
| Manitoba | Wills Act | 2 | Yes | No probate fees |
| Saskatchewan | Wills Act, 1996 | 2 | Yes | $7 per $1,000 value |
| Nova Scotia | Wills Act | 2 | Yes | $85.60 + $17.85 per $1,000 over $100,000 |
| New Brunswick | Wills Act | 2 | Yes | $25 + $5 per $1,000 over $20,000 |
| PEI | Probate Act | 2 | Yes | Sliding scale |
| Newfoundland | Wills Act | 2 | Yes | $60 + $0.60 per $100 |
| Quebec | Civil Code of Quebec | Notarized or holographic | Yes (handwritten, signed) | Notarial will avoids probate |
| NWT, Nunavut, Yukon | Various territorial Acts | 2 | Yes | Varies |
The most common type. It must be in writing (typed or printed), signed by the testator, and witnessed by two people who are present simultaneously and also sign. This is the type produced by online will services and lawyers. Most provinces require witnesses not to be beneficiaries.
Entirely handwritten and signed by the testator — no witnesses required. Valid in most Canadian provinces outside Quebec. However, holographic wills are the most frequently challenged type, as they can be unclear, easily misinterpreted, and difficult to authenticate. They are best seen as an emergency measure, not a replacement for a proper formal will.
In Quebec, the Civil Code allows wills to be executed before a notary. A notarial will does not require probate — it is immediately executory — making it particularly efficient for Quebec residents. The notary retains the original and registers it with the Barreau du Québec's will registry.
Canada has implemented the UNIDROIT Convention on International Wills, allowing a standardised will format that is valid across signatory countries. Useful for residents with international assets.
LegalWills.ca creates wills tailored to your province's requirements. Trusted by over 1 million Canadians since 2000.
Start My Canadian Will →A comprehensive Canadian will typically includes:
A statement revoking all previous wills. This is included automatically in most online wills.
In most provinces, the executor is called an "executor" (in Quebec, a "liquidator"). You can appoint one or more persons, including a trust company. Executors in Canada are generally entitled to a fee of approximately 4–5% of the estate value, though many family executors waive this.
For parents of minor children, a guardian nomination is one of the most important aspects of a will. While courts are not bound by your nomination, they give it significant weight.
Who receives your estate and in what proportions. Include substitute beneficiaries in case your primary beneficiaries predecease you.
Leave specific items (jewellery, vehicles, heirlooms) to named individuals. Be careful: if the item no longer exists at death, the bequest fails.
If you have minor children, you should include a testamentary trust to hold their inheritance until they reach a specified age (typically 18 or 25). Without this, the provincial Public Trustee holds the funds.
Probate is the court process that validates your will and grants authority to your executor. Probate fees (also called estate administration taxes in some provinces) vary enormously:
Strategies to reduce Ontario probate fees include: holding property as joint tenants (passes outside the estate), naming beneficiaries on RRSPs, TFSAs, RRIFs, and life insurance policies (all pass outside the estate), and using multiple wills to separate probate-required assets from those that don't require it.
One of the most important estate planning tools available to Canadians is the ability to name a beneficiary directly on your:
These designations can be made (and updated) directly with your financial institution — no will required. But they need to be current and coordinated with your overall estate plan.
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