Writing a will in Canada does not require a lawyer or any special process. This guide walks through the types of will, what to decide before you start, the wording to include, how to sign correctly, and how to keep your will safe and current. It applies across the country, with the key province-by-province differences flagged as we go.
Step 1: Choose the type of will
Holographic (handwritten) will
Entirely in your handwriting and signed, with no witnesses. Free and private, and valid in Quebec, Ontario, Alberta, Saskatchewan, Manitoba, New Brunswick, Newfoundland and Labrador, and Nova Scotia. Not valid in British Columbia or Prince Edward Island. See the holographic will guide.
Formal (witnessed) will
Typed or written, signed by you in front of two witnesses who also sign, and who must not be beneficiaries or the spouses of beneficiaries. Valid in every province and the only option in BC and PEI.
Notarial will (Quebec)
Prepared and kept by a notary in Quebec. It is self-proving, needs no probate, and is registered automatically. See notarial versus holograph will.
Step 2: Decide who gets what
- List your major assets: home, savings, investments, vehicles, valuables, and any business interest.
- Note assets that pass outside the will: registered accounts and life insurance with a named beneficiary, and property held in joint tenancy.
- Decide your beneficiaries and the share or specific gift each receives.
- Decide the residue: who receives everything not specifically given away. Always name a residual beneficiary.
- Name alternates in case a beneficiary dies before you.
Step 3: Name an executor
Your executor (called an estate trustee in Ontario, or liquidator in Quebec) gathers your assets, pays debts and taxes, and distributes the estate. Choose someone trustworthy and organized, ask them first, and name an alternate. You can name two people to act together.
Step 4: Name a guardian for minor children
If you have children under the age of majority, name the person you want to raise them if no parent survives. The appointment is usually a strong recommendation that a court confirms. Without it, a court decides with no guidance from you.
Step 5: Write it, using clear wording
A simple, valid will includes:
- Identification: "This is the last will and testament of me, [full name], of [city, province]."
- Revocation: "I revoke all earlier wills and codicils."
- Executor: "I appoint [name] as my executor, and [name] as alternate."
- Guardian (if needed): "I appoint [name] as guardian of my minor children."
- Specific gifts: "I give [item or amount] to [name]."
- Residue: "I give all the rest of my estate to [name(s)] in equal shares."
- Survivorship: "if they survive me by thirty days."
- Date, place, and signature.
Minimal valid will (copy by hand where holographic wills are valid)
Last Will and Testament
This is the last will and testament of me, Full Name, of city, province. I revoke all earlier wills and codicils.
1. I appoint Executor Full Name as my executor, and if unable to act, Alternate Full Name.
2. I give all my estate to main beneficiary or beneficiaries and shares, if they survive me by thirty days.
3. If they do not survive me, I give my estate to alternate beneficiary.
Signed on DD Month YYYY at city, province.
Your full handwritten signature
Step 6: Sign it correctly
| Type of will | Signing requirement |
|---|---|
| Holographic | Your handwriting throughout, signed by you at the end, no witnesses |
| Formal (witnessed) | Signed by you in front of two witnesses, who also sign; witnesses must not be beneficiaries |
| Notarial (Quebec) | Signed before a notary and a witness; the notary keeps the original |
Step 7: Store and register it
- Keep the original in a safe, accessible place (a fireproof box at home, a safe deposit box, or with your lawyer or notary).
- Tell your executor where it is. A will no one can find has no effect.
- In Quebec, notarial and witnessed wills are searched for through the wills registries of the Chambre des notaires du Quebec and the Barreau du Quebec.
- Some common-law provinces offer a wills registry or court safekeeping service.
Step 8: Keep it up to date
Review your will every few years and after any major change: marriage, separation or divorce, a new child, the death of a beneficiary or executor, or a large change in your assets. In several provinces marriage or divorce can affect an existing will, so revisit it after either. The cleanest way to change a will is to make a new one that revokes the old.
Common mistakes to avoid
- Typing a will and treating it as holographic. A typed will needs two witnesses.
- Using a beneficiary as a witness on a formal will.
- Naming no residual beneficiary, so part of the estate falls into intestacy.
- Forgetting alternates for beneficiaries and the executor.
- Assuming a common-law partner will inherit automatically. They often will not.
- Not naming a guardian for minor children.
- Hiding the will so it is never found.
- Never updating it after divorce or remarriage.
Frequently asked questions
Do I need a lawyer?
No, a will you make yourself can be perfectly valid. A lawyer or notary is worth it for larger estates, business interests, blended families, or BC estates where claims are more common.
How old must I be?
Generally the age of majority in your province (18 or 19), though some provinces allow younger people to make a will in special situations such as marriage or military service.
Does a will save tax?
Canada has no inheritance tax, but the estate may owe income tax on the final return and may pay probate fees. A well-planned will and proper beneficiary designations can reduce probate exposure and avoid delays.
How do I change my will later?
Make a new will that revokes the old one. For a small change you can add a codicil, signed with the same formality as the will, but a fresh will is cleaner.
Next steps
Ready to write? Use our will templates and check whether a handwritten will is valid where you live in the holographic will guide. Understand the limits on who you can leave out in dependants' relief, and what happens with no will in dying without a will. For Quebec, compare the notarial and holograph options. Official source: Ontario Succession Law Reform Act.