Costs, Rules and 2026 Checks
What makes a will valid, what probate costs in each province, who inherits without a will, powers of attorney and how family property is divided.
wills and estates Canada probate fees
Wills, estates and separation money in Canada, province by province
What a valid will needs, what probate really costs, who inherits without a will and how property and support are divided on separation. Each rule is tied to the statute or official body behind it, with Quebec's civil law explained alongside the common-law provinces.
- Compare will formalities, probate fees and intestacy shares in Ontario, BC, Alberta and Quebec
- Work out estate administration tax, BC probate fees and an Ontario equalization payment step by step
- Avoid the mistakes that invalidate wills or miss deadlines, and find free legal information
Start hereOntario Estate Administration Tax Estimator (applications from 1 January 2020)
Explore by topic
Worked Examples and Checklists
Probate tax, intestacy splits, final tax returns, equalization and child support worked through with illustrative Canadian families, plus executor checklists.
Pitfalls and Official Sources
Mistakes that invalidate wills, start family disputes or miss deadlines, claims by dependants, common-law couples' rights and where to get free help.
Start here
Worked Examples and Checklists
Estate and separation worked examples: probate, intestacy, tax at death and equalization in numbers
Four illustrative Canadian families worked through: probate cost by province, an intestate estate, RRSP tax at death and an equalization payment.
Pitfalls and Official Sources
Estate and family law mistakes in Canada, and the official sources to check
Common mistakes with wills, beneficiary designations, powers of attorney, estates and separation in Canada, and the official sources to check.
Worked Examples and Checklists
Taxes at death in Canada: the final return, deemed disposition, RRSPs, TFSAs and the principal residence
How the CRA taxes a person at death: final return deadlines, deemed disposition, spousal rollovers, RRSPs and RRIFs, TFSAs and the clearance certificate.
Costs, Rules and 2026 Checks
How to make a valid will in Canada: Ontario, BC, Alberta and Quebec rules
Formal requirements for a valid will in Ontario, BC, Alberta and Quebec: witnesses, holograph and notarial wills, remote signing and court validation.
Costs, Rules and 2026 Checks
Probate fees by province in 2026: Ontario, BC, Alberta, Quebec and the rest
Probate costs in Canada in 2026: Ontario estate administration tax, BC probate fees, Alberta's flat court fees, Quebec notarial wills and other provinces.
Costs, Rules and 2026 Checks
Wills, estates and family law in Canada: costs, documents and the 2026 rules
What wills, probate, powers of attorney and separation cost in Canada in 2026, which documents you need and how Ontario, BC, Alberta and Quebec differ.
Tools
Ontario Estate Administration Tax Estimator (applications from 1 January 2020)
Estimate Ontario estate administration tax: nothing on the first $50,000 of the estate's value and $15 per $1,000 above it.
BC Probate Fee Estimator (Probate Fee Act)
Estimate British Columbia probate fees: none up to $25,000, $6 per $1,000 from $25,000 to $50,000 and $14 per $1,000 above $50,000.
Ontario Equalization Payment Estimator (Family Law Act s. 5)
Estimate the equalization payment between married spouses in Ontario: half the difference between their net family properties.
Executor and Liquidator First Steps Checklist
What an estate trustee, executor or Quebec liquidator should find, secure, file and avoid in the first months after a death.
Estate and probate rules compared: Ontario, BC, Alberta and Quebec
| Issue | Ontario | British Columbia / Alberta | Quebec |
|---|---|---|---|
| Formal will | Signed at the end before two witnesses present together (Succession Law Reform Act s. 4); remote witnessing allowed if one witness is a lawyer or paralegal licensee | BC: two witnesses, will-maker 16+ (WESA ss. 36–37), electronic wills allowed. Alberta: formal will with two witnesses (Wills and Succession Act) | Notarial will before a notary and a witness, or a will before two witnesses |
| Handwritten (holograph) will | Valid if wholly handwritten and signed (s. 6) | BC: not a formal will type; a court may still give effect under WESA s. 58. Alberta: valid if wholly handwritten and signed | Valid if entirely handwritten and signed; must be probated |
| Court power to fix defects | Yes, for deaths from 1 Jan 2022 (s. 21.1); no electronic wills | BC: WESA s. 58 curative power. Alberta: court may validate a non-compliant will on clear and convincing evidence (Wills and Succession Act s. 37) | A will that misses a formality can still be probated if it meets the essential requirements and clearly states the last wishes (Civil Code art. 714) |
| Effect of marriage on an existing will | No longer revokes it (s. 16 repealed 1 Jan 2022) | Does not revoke it in either province | Does not revoke it; divorce revokes gifts to the former spouse |
Frequently asked questions
Do I need a lawyer or notary to make a will in Canada?
No province requires one. Ontario and Alberta accept a will that is entirely in your handwriting and signed, and every province accepts a typed will signed before two witnesses. In Quebec a notarial will avoids probate entirely. A lawyer or notary is worth it when you have a blended family, a business, property in more than one province or a beneficiary who needs a trust. See making a valid will by province.
How much are probate fees in Ontario in 2026?
Ontario charges estate administration tax: nothing on the first $50,000 of the estate's value and $15 for each $1,000 (or part) above it, under the Estate Administration Tax Act, 1998. A $640,000 estate pays $8,850. Assets with a named beneficiary or held jointly with right of survivorship usually fall outside it. Try the estimator.
Does getting married cancel my will?
Not in Ontario for marriages on or after 1 January 2022, and not in BC, Alberta or Quebec. In Ontario, a marriage before 2022 did revoke an earlier will unless it was made in contemplation of that marriage, so older wills deserve a check. Divorce, and in Ontario certain separations, cancel gifts to the former spouse. See Ontario's 2022 changes.
Who inherits if there is no will?
Each province's intestacy rules decide. A married spouse usually comes first: in Ontario the spouse takes the first $350,000 plus a share of the rest, in BC $300,000 when all children are shared, and in Quebec one third with the children taking two thirds (a parental union spouse counts as a spouse since 30 June 2025). Common-law partners inherit nothing under Ontario's intestacy rules. See intestacy shares by province.
Is there an inheritance tax in Canada?
No. Instead, the deceased is treated as having sold capital property at fair market value immediately before death, and RRSPs and RRIFs are generally included in income on the final return unless they pass to a spouse or qualifying dependant. The estate pays that tax before beneficiaries are paid. See the final return guide.
What is the difference between a power of attorney and a will?
A will speaks only after death. A continuing or enduring power of attorney for property, and in Ontario a power of attorney for personal care, let someone act for you while you are alive but unable to decide. Quebec uses a protection mandate, which a court or notary must homologate before it can be used. See powers of attorney and the protection mandate.
Did the child support tables change recently?
Yes. Updated Federal Child Support Tables came into force on 1 October 2025, based on 2023 tax rules. They apply to support owed from that date but do not automatically change orders made earlier; the difference may justify a variation. Quebec uses its own model. See the child support guide.
Where can I get free legal information on wills and family law?
Legal Aid Ontario, Legal Aid BC, Legal Aid Alberta and Quebec's Commission des services juridiques help people who qualify financially. Free public legal information is available from CLEO and Steps to Justice in Ontario, Family Law in BC and Clicklaw, and Éducaloi in Quebec. See free legal help.
How this site is made
Kin & Codicil is an independent information project. Guides are drafted with the help of AI writing tools and checked against official and primary sources before publication; see our Editorial Policy. We are not affiliated with any provider mentioned on the site and do not sell products or services.