How to Write a Will Online in Canada: Complete Guide 2026

📅 March 23, 2026 ✍️ Law-Trust Editorial Team ⏱ 12 min read 🇨🇦 Canada Edition
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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.

Provincial Overview: How Canadian Will Requirements Differ

Province/TerritoryGoverning LegislationWitnesses RequiredHolographic Will Valid?Probate Fee
OntarioSuccession Law Reform Act2Yes1.5% over $50,000
British ColumbiaWills, Estates and Succession Act (WESA) 20142Yes (but no witnesses)Sliding, max ~1.4% over $50,000
AlbertaWills and Succession Act2YesFlat: $35–$525
ManitobaWills Act2YesNo probate fees
SaskatchewanWills Act, 19962Yes$7 per $1,000 value
Nova ScotiaWills Act2Yes$85.60 + $17.85 per $1,000 over $100,000
New BrunswickWills Act2Yes$25 + $5 per $1,000 over $20,000
PEIProbate Act2YesSliding scale
NewfoundlandWills Act2Yes$60 + $0.60 per $100
QuebecCivil Code of QuebecNotarized or holographicYes (handwritten, signed)Notarial will avoids probate
NWT, Nunavut, YukonVarious territorial Acts2YesVaries

The Four Types of Wills in Canada

1. Formal (Witnessed) Will

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.

2. Holographic Will

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.

3. Notarial Will (Quebec Only)

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.

4. International Will

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.

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What to Include in a Canadian Will

A comprehensive Canadian will typically includes:

Revocation clause

A statement revoking all previous wills. This is included automatically in most online wills.

Executor appointment

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.

Guardian appointment

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.

Beneficiary designations

Who receives your estate and in what proportions. Include substitute beneficiaries in case your primary beneficiaries predecease you.

Specific bequests

Leave specific items (jewellery, vehicles, heirlooms) to named individuals. Be careful: if the item no longer exists at death, the bequest fails.

Trust provisions for minor beneficiaries

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 Fees: The Canadian Variation

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.

RRSP and TFSA: The Critical Role of Beneficiary Designations

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.

Common Mistakes When Making a Canadian Will Online

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Frequently Asked Questions

Is an online will legal in Canada?
Yes. Online wills are legal in Canada in all provinces, provided they meet the formal requirements — typically two witnesses who are present when you sign and are not beneficiaries. Provincial requirements vary slightly, so ensure your service is tailored to your province.
What are the witnessing requirements for a will in Canada?
In most Canadian provinces, a formal will requires two witnesses who are adults, present at the same time when the testator signs, and who also sign the will. Witnesses should not be beneficiaries or their spouses. Quebec has different rules requiring a notarized will or holographic will.
What is a holographic will in Canada?
A holographic will is entirely handwritten and signed by the testator, with no witnesses required. It is valid in most provinces but is more easily challenged. Holographic wills are best used as an emergency measure, not a replacement for a proper formal will.
How much are probate fees in Canada?
Probate fees vary significantly by province: Ontario charges 1.5% on estates over $50,000; BC charges a sliding fee up to ~1.4% on amounts over $50,000; Alberta has a flat maximum of $525; Manitoba has no probate fees; Quebec notarial wills avoid probate entirely.
How much does an online will cost in Canada?
Online wills in Canada typically cost $49–$199 CAD through services like LegalWills.ca. This compares to $400–$1,500 for a lawyer-drafted will. The online option is legally valid and covers all standard will requirements.
Do I need to update my will if I move provinces in Canada?
A will made in one province is generally valid in other provinces. However, province-specific provisions may differ. It is advisable to review your will if you move provinces, particularly if there are significant differences in succession law.
Can common-law partners inherit in Canada?
Common-law partner inheritance rights vary by province. Alberta, Ontario, BC, and most other provinces grant some intestacy rights to common-law partners who meet specific cohabitation periods (typically 2-3 years). Without a will, these rights may still be limited compared to married spouses.