Holograph and DIY will mistakes in Canada: what invalidates a homemade will
The errors that make homemade and holograph wills fail in Ontario, BC, Alberta and Quebec, how courts treat them and how to sign a DIY will safely.
A homemade will can be perfectly valid in Canada, but it fails most often for five reasons: it is partly typed and partly handwritten but called a holograph will; it is signed without two witnesses present at the same time; a beneficiary or their spouse witnessed it; it does not dispose of the residue; or it is ambiguous about who gets what. Ontario, Alberta and Quebec accept a will written entirely in your own handwriting and signed; British Columbia does not have that category and relies on the court's power to fix defective wills. Since 2022, Ontario courts can also validate a defective will, but that means a court application, cost and delay for your family. Avoiding the errors is far cheaper than relying on the cure.
Part of the overview of mistakes and official sources. General information, not legal advice.
Mistake 1: the "half-holograph" will
A holograph will must be wholly in the testator's handwriting. A fill-in-the-blanks form, a typed list with a handwritten signature, or a printed template with handwritten names is not a holograph will. Without two proper witnesses, it is invalid as a formal will too.
- Ontario: a court may still validate it under SLRA s. 21.1 (deaths from 2022), if it sets out the deceased's testamentary intentions. Courts have sometimes given effect to the handwritten parts alone.
- Alberta: a court can validate a non-compliant writing if clear and convincing evidence shows it sets out the testator's intentions and was meant to be the will (Wills and Succession Act s. 37).
- BC: WESA s. 58 can cure it if it reflects deliberate, final intentions.
- Quebec: a holograph will must be entirely handwritten and signed, and may not use a computer or other technology. A will that fails one form may still be valid as another if it meets that form's requirements (art. 713), and a holograph or witnessed will that misses a formality can be saved if it meets the essential requirements and unquestionably contains the last wishes (art. 714).
Mistake 2: witnessing done wrong
| Rule | Ontario | BC | Alberta | Quebec (will before witnesses) |
|---|---|---|---|---|
| Number of witnesses | 2 | 2 | 2 | 2 |
| Present at the same time | Yes | Yes | Yes | Yes |
| Witness age | Adult recommended | 19+ | Adult recommended | Adults with capacity |
| Beneficiary as witness | Gift to them or their spouse generally void | Gift may be void unless the court orders otherwise | Gift generally void | Witness must not be a beneficiary |
| Every page initialled | Not required, but recommended | Not required | Not required | Required if not handwritten by you |
Illustrative example. Grace signs her typed will at her kitchen table with her neighbour as one witness. Her son, the main beneficiary, signs as the second witness after the neighbour leaves. Two problems: the witnesses were not present together, and the son is a beneficiary. The will may fail entirely, or the son may lose his gift. The cost of a court application to sort it out could exceed a lawyer's fee for a simple will many times over.
Mistake 3: no residue clause
Will kits often list specific gifts ("my car to Jack, my ring to Ella") and stop. Anything not mentioned, such as a refund, a newly opened account or a gift that fails because a beneficiary died first, passes under the intestacy rules. A residue clause ("all the rest of my property to ...") plus an alternate beneficiary closes the gap. See intestacy shares by province.
Mistake 4: unclear wording
| Unclear | Clearer |
|---|---|
| "My money to my children" | "The residue of my estate to my children who survive me, in equal shares" |
| "The house to Sam" | "My interest in the property at [address], free of any mortgage, which my estate will pay" or "...subject to the mortgage" |
| "Divide everything fairly" | Specific percentages or equal shares |
| "My friend Joe" | Full legal name and relationship |
Also decide what happens if a child dies before you: should their share go to their children? Many provinces have default "lapse" rules, but they may not match your wishes.
Mistake 5: changes written on the will
Crossing out a name or writing in a new amount after signing usually has no effect unless the change is signed and witnessed like a will (or in your handwriting and signed, where holograph wills are allowed). It can also cast doubt on the whole document. Make a codicil or a new will instead.
Mistake 6: forgetting the other documents
- A will does not cover incapacity. Add powers of attorney or, in Quebec, a protection mandate: see powers of attorney.
- A will does not change beneficiary designations on RRSPs, RRIFs, TFSAs, pensions and insurance unless it refers to them expressly (and in some cases that still does not work).
- In Ontario, a pre-2022 marriage may have revoked a will made before it. See Ontario's 2022 changes.
Mistake 7: capacity and pressure
A will made when the testator lacked capacity, or under undue influence, can be set aside. Warning signs that invite a challenge: a large change in favour of a caregiver, a will signed in hospital, a beneficiary arranging the appointment and staying in the room. A lawyer's notes on capacity and independent instructions are the best evidence a will can have.
A safe DIY signing routine
- Write or print the full will; number the pages.
- Choose two adult witnesses who are not beneficiaries or spouses of beneficiaries.
- Sign at the end in front of both, at the same time; initial each page.
- Each witness signs in your presence and the other witness's presence.
- Have one witness sign an affidavit of execution before a commissioner, to save your executor trouble later.
- Store the original safely and tell your executor where it is.
In Quebec, consider a notarial will: it avoids probate and is kept by the notary.
FAQ
Is a will written on a phone or computer valid?
In BC, electronic wills are allowed if they meet WESA's requirements. Ontario excludes electronic wills. Quebec holograph wills cannot be made with technology.
Does a holograph will need a date?
It is not strictly required in Ontario, but a date avoids confusion over which will is the latest.
Can I photocopy my signed will and keep the copy?
Yes, but the copy is not a substitute. A missing original can raise a presumption that you destroyed it to revoke it.
Sources
- Ontario e-Laws — Succession Law Reform Act, ss. 4, 6, 7, 12, 21.1
- BC Laws — Wills, Estates and Succession Act, ss. 37, 40, 43, 58
- Alberta King's Printer — Wills and Succession Act
- Éducaloi — holograph wills and wills before witnesses
- Steps to Justice — making a will in Ontario
