A will names who receives your property, who settles your estate, and who would raise your minor children. Making one is mostly a matter of choosing a route, meeting your province’s formal requirements so the will is valid, and keeping it current. This guide covers each step. It is part of our estate planning guide.
What happens when someone dies without a will (the provincial intestacy rules, who receives what, and who administers the estate) is covered in what happens if you die without a will.
Ways to make a will
| Route | What it involves | Who it usually suits |
|---|---|---|
| A will kit | A printed or downloadable form you complete and sign before witnesses | Very simple estates, if you follow the signing rules exactly |
| An online will service | A guided questionnaire that produces a will and often powers of attorney, signed and witnessed at home | Straightforward estates; providers are compared in the best online will services |
| A lawyer | A will drafted and signed with a lawyer, who also keeps a record | Businesses, blended families, property in more than one province, a beneficiary with a disability, or a likely dispute |
| A Quebec notary | A notarial will, signed before a notary, that doesn’t need to be probated | Quebec residents |
What each route costs is compared in how much a will costs in Canada.
Situations where people usually use a lawyer include owning a business, a blended family, real estate in more than one province, a beneficiary who receives disability benefits (a Henson trust may be needed), and a previous marriage with support or property obligations.
Making the will valid
Formal requirements
| Requirement | Details |
|---|---|
| Age | Generally the age of majority, with some exceptions |
| Capacity | You understand what you own, who would expect to inherit, and what the will does |
| In writing | Oral wills aren’t valid outside narrow exceptions |
| Signed | By you, at the end of the will |
| Witnessed | By two witnesses in most provinces, present together when you sign |
Witness rules
Witnesses must be adults. In most provinces, a gift in the will to a witness (or to a witness’s spouse) is void, although the rest of the will stands, so witnesses are usually people who receive nothing under it.
Holograph (handwritten) wills
| Recognized | Provinces |
|---|---|
| Yes | AB, SK, MB, ON, QC, NB, NL, NS (since August 19, 2008) |
| No | BC, PEI |
A holograph will must be entirely in your handwriting and signed by you; it needs no witnesses where it’s recognized.
What to include
| Component | Purpose |
|---|---|
| Revocation clause | Cancels earlier wills |
| Executor (and an alternate) | Who settles the estate |
| Guardian | Who would raise minor children |
| Specific gifts | Particular items or amounts to named people or charities |
| Residue clause | Everything not otherwise given |
| Trusts | Money held for children or a vulnerable beneficiary until a set age |
| Executor’s powers and compensation | What the executor can do, and whether they are paid; see executor fees in Canada |
Assets with a named beneficiary (RRSPs, RRIFs, TFSAs, life insurance, pensions) pass outside the will, so the will and the designations need to work together; the beneficiary designation guide explains how. A power of attorney for property and one for personal care are usually made at the same time; they cover your life, while the will covers your death.
Choosing an executor
An executor needs to be trustworthy, organized, available and willing; many people name a spouse or adult child, with an alternate. The difference between the executor and the attorney under a power of attorney is explained in the difference between an executor and an attorney, and the executor’s duties in the financial checklist when someone dies.
Updating your will
| Life event | What to review |
|---|---|
| Marriage | Whether marriage cancels an existing will depends on the province |
| Separation or divorce | Gifts and appointments naming a former spouse |
| A child born or adopted | A guardian and a trust |
| Death of a beneficiary or executor | Replacements |
| A major change in assets | The gifts and the residue |
| A move to another province | Formal validity and family law |
Small changes can be made with a codicil, a separate document signed with the same formalities as a will; larger ones usually mean a new will.
Storing your will
| Location | Considerations |
|---|---|
| A lawyer’s or notary’s office | Professional storage and a record of where it is |
| A provincial registry, where one exists | Some provinces offer a registry or a notice of where a will is kept |
| A fireproof home safe | Easy to reach, less secure |
| A safe deposit box | Secure, but access after death can take time |
Tell your executor where the original is and where to find the list of your accounts and debts.