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.
A will is valid in Canada if it meets the formal rules of the province where it is made, and those rules are short but strict. In Ontario, a typed will must be signed at its end by you and by two witnesses present at the same time (Succession Law Reform Act s. 4), or it can be written entirely in your own handwriting and signed with no witnesses (s. 6). British Columbia requires two witnesses aged 19 or older, lets people make a will from age 16, and accepts electronic wills, but has no separate handwritten-will category. Alberta accepts both witnessed and handwritten wills. Quebec offers three forms: the notarial will, the holograph will and the will made before two witnesses. Since 2022, Ontario courts can also validate a document that misses a formality if it clearly shows your intentions. Getting the form right is cheap; fixing it in court after death is not.
Part of the overview of estate and family law costs. General information, not legal advice.
Ontario: Succession Law Reform Act
Who can make a will. Anyone 18 or older with testamentary capacity. Under-18s can make a will only in limited cases: if they are or have been married, are making it in contemplation of a named marriage, are members of the regular Canadian Forces or on active service, or are sailors at sea (s. 8).
Formal (witnessed) will, s. 4. The will must be:
- signed at its end by you, or by someone else in your presence and at your direction;
- signed or acknowledged by you in the presence of two or more witnesses present at the same time; and
- signed by at least two of those witnesses in your presence.
No particular attestation wording is required, although lawyers add an affidavit of execution so the witnesses do not have to be found later.
Remote signing. Since 2021 the witnessing can be done by audio-visual communication technology if at least one witness is a licensee of the Law Society of Ontario (a lawyer or licensed paralegal) and the signatures are contemporaneous; copies can be signed in counterpart (s. 4(3)–(5)).
Holograph will, s. 6. A will written wholly in your own handwriting and signed is valid "without formality" and without witnesses. A typed form with blanks filled in by hand is not a holograph will.
Who should not witness. A gift to a witness or to a witness's spouse is generally void, though the will itself stands (s. 12). The court can save the gift if it is satisfied there was no improper or undue influence.
Court-ordered validity, s. 21.1. For deaths on or after 1 January 2022, the Superior Court of Justice can order that a document that was not properly executed is valid if it sets out the deceased's testamentary intentions. The section does not allow electronic wills: Ontario still requires paper.
British Columbia: Wills, Estates and Succession Act (WESA)
- Age: 16 or older and mentally capable (s. 36).
- Form: in writing, signed at the end by the will-maker in the presence of two or more witnesses present at the same time, who sign in the will-maker's presence (s. 37). Witnesses must be 19 or older (s. 40).
- Electronic wills: the writing requirement is satisfied by a will in electronic form (s. 37(3)).
- Handwritten wills: BC has no holograph category, so a handwritten, unwitnessed note is not a formal will. The court can still give it effect under s. 58 if it represents the deceased's testamentary intentions.
- Wills notice: you can register where your will is kept with BC's wills registry. It is optional but helps your executor.
Alberta: Wills and Succession Act
Alberta recognises a formal will signed before two witnesses, a holograph will wholly in the testator's handwriting and signed, and a will signed by a member of the Canadian Forces on active service. The court has a power to validate a writing that does not meet the formalities, but the threshold is high and the evidence must be clear and convincing. Confirm current wording on the Alberta King's Printer site.
Quebec: Civil Code of Québec
| Form | How it is made | After death |
|---|---|---|
| Notarial will | Received by a notary, in French or English, signed before the notary and one witness (two in certain cases) | No probate needed; the notary keeps the original and registers it |
| Holograph will | Entirely handwritten and signed by you; no computer or other technology | Must be probated by the court or a notary |
| Will before witnesses | Handwritten or typed; signed before two adult witnesses who sign; if not handwritten by you, every page initialled or signed by you and the witnesses | Must be probated by the court or a notary |
Witnesses must not be beneficiaries. A will that misses a formality may still be accepted if it meets the essential requirements of its form and clearly contains the testator's last wishes (art. 714). The registries of the Chambre des notaires and the Barreau du Québec are searched after a death to find the latest will.
Other provinces and territories
Every common-law jurisdiction accepts a typed will signed before two witnesses. Most, including Saskatchewan, Manitoba, New Brunswick and Newfoundland and Labrador, also accept holograph wills; Nova Scotia and Prince Edward Island historically did not, though courts have validation powers in several provinces. Rules on age, electronic signing and court validation differ, so check the local statute before relying on a homemade will.
Comparison at a glance
| Rule | Ontario | BC | Alberta | Quebec |
|---|---|---|---|---|
| Minimum age (general) | 18 | 16 | 18 | 18 (minors only for small gifts) |
| Witnesses for typed will | 2, present together | 2, aged 19+ | 2 | 2, or notary + witness |
| Handwritten will without witnesses | Yes | No (s. 58 only) | Yes | Yes |
| Remote or electronic | Remote witnessing with a licensee; no e-wills | E-wills allowed | Check current rules | Notarial wills may be signed remotely in some cases; ask a notary |
| Court can fix defects | Yes (deaths from 2022) | Yes (s. 58) | Yes, narrowly | Yes (art. 714) |
What a good will contains
- Your full legal name, address and a clause revoking earlier wills.
- An executor (estate trustee) and at least one alternate; in Quebec, a liquidator.
- Specific gifts, then a clear gift of the residue (everything left).
- What happens if a beneficiary dies first.
- Trusts for minors or for beneficiaries receiving disability support, with a trustee and an age for payout.
- A guardian for minor children (a nomination the court will consider).
- Powers for the executor to sell, invest and deal with digital assets.
FAQ
Can I use a will kit?
Yes, if you follow the signing rules exactly. Kits fail most often through wrong witnesses, missing signatures or unclear gifts of the residue. See homemade will mistakes.
Does my will need to be notarized in Ontario or BC?
No. Notarizing the signature is not required. An affidavit of execution signed by a witness before a commissioner is useful but can be done later.
Is a video or text message a will?
Not as a formal will anywhere in Canada. In Ontario electronic documents are excluded from s. 21.1; in BC a court has discretion under s. 58, but relying on it invites litigation.
Where should I keep the original?
Somewhere safe that your executor knows about: a lawyer's vault, a safety deposit box your executor can access, or with the notary in Quebec. A copy is not a substitute for a lost original.
Sources
- Ontario e-Laws — Succession Law Reform Act, ss. 4, 6, 8, 12, 21.1
- BC Laws — Wills, Estates and Succession Act, ss. 36–40, 58
- Alberta King's Printer — Wills and Succession Act
- Éducaloi — the three forms of will in Quebec
- Chambre des notaires du Québec — notarial wills and the will registry
- Steps to Justice — Ontario wills information
