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How to Make a Will in Canada: Options, Requirements and Step-by-Step Guide

Updated

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

RouteWhat it involvesWho it usually suits
A will kitA printed or downloadable form you complete and sign before witnessesVery simple estates, if you follow the signing rules exactly
An online will serviceA guided questionnaire that produces a will and often powers of attorney, signed and witnessed at homeStraightforward estates; providers are compared in the best online will services
A lawyerA will drafted and signed with a lawyer, who also keeps a recordBusinesses, blended families, property in more than one province, a beneficiary with a disability, or a likely dispute
A Quebec notaryA notarial will, signed before a notary, that doesn’t need to be probatedQuebec 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

RequirementDetails
AgeGenerally the age of majority, with some exceptions
CapacityYou understand what you own, who would expect to inherit, and what the will does
In writingOral wills aren’t valid outside narrow exceptions
SignedBy you, at the end of the will
WitnessedBy 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

RecognizedProvinces
YesAB, SK, MB, ON, QC, NB, NL, NS (since August 19, 2008)
NoBC, 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

ComponentPurpose
Revocation clauseCancels earlier wills
Executor (and an alternate)Who settles the estate
GuardianWho would raise minor children
Specific giftsParticular items or amounts to named people or charities
Residue clauseEverything not otherwise given
TrustsMoney held for children or a vulnerable beneficiary until a set age
Executor’s powers and compensationWhat 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 eventWhat to review
MarriageWhether marriage cancels an existing will depends on the province
Separation or divorceGifts and appointments naming a former spouse
A child born or adoptedA guardian and a trust
Death of a beneficiary or executorReplacements
A major change in assetsThe gifts and the residue
A move to another provinceFormal 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

LocationConsiderations
A lawyer’s or notary’s officeProfessional storage and a record of where it is
A provincial registry, where one existsSome provinces offer a registry or a notice of where a will is kept
A fireproof home safeEasy to reach, less secure
A safe deposit boxSecure, 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.