How to make a will in Canada

Why make a will

A will lets you name the person who will handle your estate, called your executor (in Québec, your liquidator), and say clearly who receives your money, property and belongings. If you have children under the age of majority, it's also where you name who you'd like to care for them.

Without a will, the law decides. In most provinces and territories, your nearest relatives share your estate according to a set formula, which may not match what you'd have wanted, and sometimes a government agency becomes involved. That's true even for modest estates: the Government of Canada recommends having a will so you can name an executor and make your wishes clear, however much you own.

What makes a will valid

Each province and territory has its own law on wills, so the exact rules differ. For a typed or printed will, these requirements are common across Canada:

• You're old enough. Usually the age of majority (18 or 19, depending on where you live), with some exceptions. In the Northwest Territories, for example, you must be 19.
• You have the mental capacity to understand what you own, who would normally expect to inherit, and what your will does.
• It's in writing and you sign it, usually at the end.
• Two witnesses watch you sign, at the same time, and then sign the will themselves in your presence.
• You make it freely, without pressure from anyone.

Québec works differently, with three forms of will (see below). If you're unsure about a requirement where you live, check your province's rules or ask a lawyer or notary.

The types of will

Typed will signed before two witnesses. The most common kind, and what online services like VeeWill prepare. It must follow the signing rules above.

Handwritten (holograph) will. Written entirely in your own handwriting and signed by you. Several provinces and territories accept it without witnesses, including Ontario and the Northwest Territories, but not all of them do, and handwritten wills are more likely to be unclear, incomplete or challenged.

In Québec, the law recognizes three forms: the notarial will, made before a notary; the holograph will, written and signed by hand; and the will made before witnesses. A notarial will doesn't need to be verified after death. Holograph wills and wills made before witnesses must be verified (probated) by the Superior Court or a notary, which takes time and has costs.

The decisions to make

Before you write anything, it helps to think through these choices:

• Your executor, and a backup in case your first choice can't act. Choose someone organized and trustworthy, and ask them first: the role can take a lot of time and paperwork.
• A guardian for your children, if any are minors, and a backup.
• Specific gifts: particular items or sums of money to particular people or charities.
• The residue: everything left after debts, taxes, expenses and specific gifts. Saying who receives it, and who receives it if they die before you, is the heart of most wills.
• Money for young beneficiaries: whether it should be held in trust until a certain age.
• Anything outside your will. Life insurance and registered plans with a named beneficiary, and property owned jointly with right of survivorship, usually pass directly to that person rather than through your will. Check that those designations match your plans.

How to sign your will correctly

Most problems with homemade wills come from the signing, not the wording. For a typed will:

1. Print it and don't sign it yet.
2. Find two adult witnesses who don't receive anything under your will and aren't married to (or the partner of) someone who does. In Ontario, for example, a gift to a witness or to a witness's spouse can be lost.
3. Sign at the end, with both witnesses watching at the same time. Many people also initial each page.
4. The witnesses then sign, in front of you and each other.
5. Don't add anything afterwards. Handwritten changes made after signing can cause problems; make a new will or a properly signed change (a codicil) instead.

Some provinces now allow witnessing by video in certain conditions. In Ontario, wills can be witnessed using audio-visual technology if at least one witness is a licensed lawyer or paralegal. Rules differ elsewhere, so if you can't sign in person, check first.

Where to keep it

Keep the signed original somewhere safe that your executor can reach, such as a fireproof box at home or with your lawyer, and tell your executor where it is. Photocopies generally aren't enough: your executor will usually need the original. In Québec, notaries and lawyers can register a notice that your will exists, so your family can find it through a will search.

VeeWill's free Check-in feature can also let your executors know you have a will and where it's kept, if you stop signing in and don't answer our reminders.

When to update your will

Review your will every few years, and after major life events: marriage or a new relationship, separation or divorce, a new child or grandchild, a move to another province, a significant change in what you own, or if your executor or guardian can no longer act.

Life events can affect your will in ways people don't expect, and the rules differ by province. In Ontario, since January 1, 2022, getting married no longer cancels an existing will, so an old will can stay in effect after a wedding unless you change it. Ontario also now treats a separated spouse, in certain circumstances, as if they were divorced. If something important has changed, update your will rather than assuming the law will do it for you.

What happens after death: probate

After a death, the executor may need a court to confirm the will, a process called probate. Whether it's needed depends on the assets and on what banks and land registries require. Most provinces charge a probate fee based on the value of the estate, and the amounts differ widely, from nothing in Manitoba to about 1.5% of larger estates in Ontario. Use our probate fee calculator to estimate the fee in any province or territory.

Do you need a lawyer?

No law requires a lawyer to make a will in Canada, and many people with straightforward situations make their own, on paper or online. A lawyer or notary is worth considering if your situation is complex: a business, property in several countries, a family member with special needs who may need a trust, a blended family where you expect disagreement, or any doubt about your capacity or about pressure from others.

Whichever route you choose, what matters most is that your will reflects your wishes and is signed correctly.