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How to Make a Will in Canada 2026: Costs, Options & Step-by-Step Guide

Updated

More than half of Canadian adults don’t have a will — and dying without one means your province decides who gets your assets, who manages your estate, and (most critically) who raises your minor children. A basic will through an online service like Willful or Epilogue costs $99–$250, includes powers of attorney in most packages, and takes under an hour to complete. For straightforward estates (a home, some investments, clear beneficiaries), this is genuinely good enough.

A lawyer-drafted will ($300–$1,500) becomes worth the cost when you own a business, have a blended family, hold real estate in multiple provinces, or need a special-needs trust for a disabled beneficiary. Marriage automatically revokes existing wills in most provinces, so creating a new will immediately after the wedding is essential — not updating could leave your spouse navigating intestacy rules that may allocate assets differently than you’d expect. Whatever route you choose, keep beneficiary designations on your RRSP, TFSA, and life insurance up to date, since they override your will.

Why You Need a Will

What a Will Does

Purpose Details
Names beneficiaries Who gets your assets
Appoints executor Who manages your estate
Guardianship Who cares for minor children
Specific bequests Sentimental items, charities
Reduces conflict Clear instructions

Without a Will (Intestate)

Problem Consequence
Provincial rules apply Not your wishes
Longer process Court involvement
Higher costs Legal fees, bonds
Family conflict Potential disputes
No guardian choice Court decides for kids

How to Make a Valid Will

Requirement Details
Age 18+ (some exceptions)
Mental capacity Sound mind
Written Not oral (usually)
Signed By you
Witnessed 2 witnesses (most provinces)

Witness Requirements

Rule Details
Number 2 witnesses
Age 18+
Not beneficiaries Can’t inherit under will
Not spouse of beneficiary Also excluded
Present together Watch you sign

Options for Creating a Will

DIY Will Kits

Cost $30-$100
Pros Cheapest option
Cons Easy to make mistakes
Best for Very simple estates
Providers Staples, bookstores

Online Will Services

Service Cost Features
Willful $99-$189 Guided process
Epilogue $139-$249 Lawyer-reviewed
LegalWills $40-$100 Simple option

| Pros | Guided, affordable | | Cons | Limited customization | | Best for | Straightforward situations |

Lawyer-Drafted

Complexity Cost
Simple will $300-$700
Mirror wills (couple) $500-$1,000
Complex estate $1,000-$3,000+

| Pros | Personalized, legally sound | | Cons | More expensive | | Best for | Complex situations |

When to Use a Lawyer

Situation Why Lawyer
Business ownership Complex structures
Blended family Multiple beneficiaries
Real estate in multiple provinces Jurisdictional issues
Disabled beneficiary Special needs trust
Complex assets Investments, property
Previous divorce Ensure valid

Key Components of a Will

Essential Elements

Component Purpose
Declaration States it’s your will
Revocation Cancels previous wills
Executor appointment Who manages estate
Beneficiaries Who inherits what
Residue clause Everything else
Signature Your signature
Witness signatures Their signatures

Executor Selection

Good Executor Traits
Trustworthy Honest person
Organized Can handle paperwork
Available Time to manage
Willing Has agreed to serve
Financially stable Won’t be tempted

What to Include

Asset Type Examples
Real estate Home, cottage
Bank accounts Savings, chequing
Investments RRSP, TFSA, non-registered
Personal property Jewelry, vehicles, art
Digital assets Accounts, crypto
Business interests Shares, ownership

Provincial Differences

Witness Requirements

Province Witnesses
Most provinces 2 required
Quebec (notarial) Notary + 1 witness

Holographic (Handwritten) Wills

Recognized Province
Yes AB, SK, MB, ON, QC, NB, NS, NL
No BC, PEI

Marriage and Wills

Province Effect of Marriage
Most provinces Revokes existing will
BC, AB Does not revoke
Quebec Does not revoke

Updating Your Will

When to Update

Life Event Action Needed
Marriage New will usually
Divorce Update (may partially revoke)
Children born Add as beneficiaries
Death of beneficiary Update beneficiaries
Major asset change Update bequests
Executor can’t serve Name new executor
Move provinces Review validity

How to Update

Method When Appropriate
Codicil Small changes
New will Major changes
Review every 3-5 years Best practice

Intestate Succession

What Happens Without a Will

Ontario Example

Situation Distribution
Spouse, no children Spouse gets all
Spouse + children Spouse: first $350K + share
Children, no spouse Children equally
No spouse or children Parents, then siblings

BC Example

Situation Distribution
Spouse, no children Spouse gets all
Spouse + children (from both) Spouse gets first $300K + 50%
Spouse + children (other) Spouse gets first $150K + 50%

Problems with Intestacy

Issue Impact
Common-law spouse May get nothing (varies)
Stepchildren Not recognized
Charities Won’t receive anything
Friends Won’t inherit
Assets to minors Court-managed

Beyond the Will

Also Consider

Document Purpose
Power of Attorney (financial) Manage finances if incapacitated
Power of Attorney (medical) Healthcare decisions
Beneficiary designations RRSP, TFSA, insurance

Beneficiary Designations

Override Will
RRSP/RRIF Yes
TFSA Yes
Life insurance Yes
Joint accounts Yes (survivorship)

Important: Keep beneficiary designations updated and consistent with your will.

Storage and Access

Where to Keep Your Will

Location Pros/Cons
Safe deposit box Secure but may be sealed on death
Home safe Accessible but less secure
Lawyer’s office Professional storage
Courts registry Some provinces offer
Executor’s copy Ensure they have one

Tell Your Executor

They Should Know
Will location Where to find it
Lawyer contact If applicable
List of assets Makes job easier
Passwords Digital access

The Bottom Line

Get a will done this month — even a $99 online will is infinitely better than dying intestate. Name a guardian for minor children, appoint an executor who knows where to find the document, and set up powers of attorney for finances and healthcare while you’re at it. Review after every major life event (marriage, divorce, new child, home purchase, province move) and make sure your beneficiary designations on registered accounts match your will’s intentions.