Estate and probate rules compared: Ontario, BC, Alberta and Quebec
How the four largest provinces handle wills, probate costs, intestacy, incapacity documents and family property.
This table compares rules and legal options, not law firms or providers. Each row is a decision point where the province you live in changes the answer. Figures are statutory amounts checked against the provincial statute or official court fee page in October 2026; worked examples elsewhere on the site are illustrative. For the arithmetic, see the worked examples.
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| 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| Effect of marriage on an existing will | No longer revokes it (s. 16 repealed 1 Jan 2022) | Does not revoke it in either province | Does not revoke it; divorce revokes gifts to the former spouse |
| Probate fee or tax | Estate administration tax: $0 on first $50,000, then $15 per $1,000 | BC: $0 to $25,000, $6 per $1,000 to $50,000, $14 per $1,000 above. Alberta: flat court fee from $35 to $525 | No probate tax; non-notarial wills need court or notary verification (fees for that step only) |
| Spouse's share with no will (spouse and children) | First $350,000 (deaths from 1 Mar 2021) plus 1/2 of the rest (one child) or 1/3 (two or more) | BC: $300,000 if all descendants are shared ($150,000 if not) plus 1/2 of the rest. Alberta: all if all descendants are shared; otherwise the greater of $150,000 or 50% (Wills and Succession Act s. 61) | Married, civil union or parental union spouse: 1/3; descendants 2/3 (art. 666; after the family patrimony and matrimonial regime are settled) |
| Separated spouse at death | Loses intestacy and will gifts if separated as defined in SLRA ss. 17(4) and 43.1 | BC: ceases to be a spouse once a family property interest arises on separation (WESA s. 2) | De facto separation alone does not end a married spouse's intestate rights; divorce revokes will gifts to the former spouse. Check with a notary |
| Incapacity documents | Continuing power of attorney for property; power of attorney for personal care (Substitute Decisions Act) | BC: enduring power of attorney and representation agreement. Alberta: enduring power of attorney and personal directive | Protection mandate, which must be homologated before it takes effect |
| Family property on separation | Equalization of net family property (Family Law Act s. 5); married spouses only | BC: family property shared equally by married and 2-year unmarried spouses (Family Law Act s. 81). Alberta: Family Property Act covers spouses and adult interdependent partners | Family patrimony for married and civil union spouses; parental union patrimony for de facto parents of a child born on or after 30 June 2025 |
Statutes change: confirm on Ontario e-Laws, BC Laws, Alberta King's Printer and LégisQuébec. Alberta's surrogate court fees are on alberta.ca. Federal tax rules at death are on canada.ca. Other provinces and territories have their own wills, probate and family property statutes; the general patterns are similar but amounts and deadlines differ. This table is general information, not legal advice.