You have written your will and you are ready to sign. But before you do, you need two witnesses in the room — and not just anyone qualifies. Who can witness a will in Canada depends on a handful of clear rules that apply across most provinces, with some variation in the details. The short answer: you need two adults who are not beneficiaries named in your will, present at the same time, watching you sign and signing the document themselves. The rest of this post covers exactly what that means, who does and does not qualify, and how the rules differ across provinces.
The Basic Witness Requirements for a Will in Canada
Across most Canadian provinces, the following requirements apply to anyone witnessing a will.
Two witnesses. A standard will requires exactly two witnesses. One is not enough.
Present at the same time. Both witnesses must be in the same room when you sign. They cannot witness separately or on different days. All three of you — you and both witnesses — must be present simultaneously.
They must sign in your presence. After you sign, both witnesses must sign the will themselves while you are still present, and in each other’s presence. If one witness leaves the room before the other signs, the witnessing is not valid.
Mental capacity. Witnesses must be mentally capable of understanding what they are witnessing. A person who lacks mental capacity cannot serve as a valid witness.
Adults only. Witnesses must be adults. In most provinces this means at least 18 years old. British Columbia and a few other provinces set the threshold at 19.
Who Cannot Witness a Will in Canada?
Beneficiaries. This is the most important rule. A person named as a beneficiary in your will should not serve as a witness. In most Canadian provinces, a gift to a witness may be voided even if the rest of the will remains perfectly valid. The beneficiary loses their inheritance, but your will still stands. There is no upside to naming a beneficiary as a witness and the risk is significant.
Spouses and common-law partners of beneficiaries. In many provinces, the spouse or common-law partner of a beneficiary also cannot safely witness a will. Their partner’s gift may be voided even though the witness themselves receives nothing under the will.
Minors. Anyone under the age of majority in their province cannot serve as a witness. In most provinces this is 18, in others it is 19.
The person signing on your behalf. If you are physically unable to sign your own will, another person can sign at your direction and in your presence. That person cannot also serve as one of the two witnesses.
People without mental capacity. A witness must understand what they are doing. Someone who cannot comprehend the nature of witnessing a will cannot serve in that role.
Common Witness Questions Answered
Can my spouse witness my will? If your spouse is named as a beneficiary in your will — which is the case for most married Canadians — they should not serve as a witness. Their gift may be voided as a result. If your spouse is not named as a beneficiary, they can technically witness the will, but it is cleaner and simpler to use neutral parties.
Can my executor witness my will? In most provinces, yes — provided your executor is not also named as a beneficiary. Executors are often named without receiving a gift under the will, in which case they are eligible to witness. That said, using a neutral third party avoids any question about the arrangement. For more on the executor role, read our guide on what an executor does.
Can my adult child witness my will? Only if they are not named as a beneficiary. Most parents name their adult children as beneficiaries, which disqualifies them as witnesses. If your adult child receives nothing under your will, they can witness it — but again, a neutral party is the safer and simpler choice.
Can a friend or neighbour witness my will? Yes, provided they are an adult, mentally capable, and not named as a beneficiary in your will. A friend, neighbour, or colleague with no financial interest in your estate is an ideal witness.
Can a lawyer or notary witness my will? Yes. A lawyer or notary is a perfectly valid witness. Their professional involvement is not required for the will to be valid, but some people find it reassuring to have a professional present for the signing.
Will Witness Requirements by Province
While the core rules are consistent across Canada, the specific legislation and some details vary by province. Here is a province-by-province summary.
Ontario
Ontario requires two adult witnesses aged 18 or older under the Succession Law Reform Act. Gifts to a witness or to the spouse of a witness may be voided. Ontario permanently allows remote witnessing via audio-visual technology, subject to specific procedural requirements. For more detail on making a will in Ontario, read our guide on how to create a will in Ontario.
British Columbia
BC requires two witnesses aged 19 or older under the Wills, Estates and Succession Act. BC has curative provisions that allow a court to validate an improperly witnessed will in limited circumstances if it is satisfied the document reflects the deceased’s true intentions. This is not something to rely on, and proper witnessing remains essential.
Alberta
Alberta requires two adult witnesses under the Wills and Succession Act. Gifts to a witness or their spouse may be voided. Alberta also has curative provisions similar to BC, but the same caution applies.
Manitoba
Manitoba requires two witnesses under the Wills Act. Gifts to a witness or their spouse are void unless a court determines the gift was not the result of improper influence.
Saskatchewan
Saskatchewan requires two adult witnesses under the Wills Act, 1996. A beneficiary who serves as a witness forfeits their gift under the will.
Nova Scotia
Nova Scotia requires two witnesses under the Wills Act. Gifts to a witness or their spouse are void.
New Brunswick
New Brunswick requires two witnesses under the Wills Act. Gifts to a witness or their spouse are void.
Prince Edward Island
PEI requires two witnesses under the Probate Act. The same beneficiary-witness restrictions apply as in most other provinces.
Newfoundland and Labrador
Newfoundland and Labrador requires two witnesses under the Wills Act. Gifts to a witness or their spouse are void.
Quebec
Quebec does not use the standard two-witness will format. Quebec residents have two options: a notarial will prepared with a notary, or a holographic will written entirely in the testator’s own handwriting with no witnesses required. A standard witnessed will is not recognized in Quebec. Quebec residents should work with a Quebec notary for their estate planning needs. Note that WillKit is not available for Quebec residents.
Does a Will Need to Be Witnessed by a Lawyer or Notary?
No. In all Canadian provinces outside Quebec, a will does not need to be witnessed by a lawyer or notary to be legally valid. Any two eligible adults can serve as witnesses.
That said, having your witnesses sign an affidavit of execution — a sworn statement confirming they witnessed your signature — before a notary or commissioner of oaths can make the probate process considerably smoother after your death. It confirms the will was properly signed and removes the need for a court to track down witnesses later. It is a small step worth taking at the time of signing and costs very little.
Remote witnessing. Ontario and BC both permanently allow wills to be witnessed remotely via video call, subject to specific requirements. If you are considering remote witnessing, check the current legislation in your province or speak with an estate lawyer before proceeding.
What Happens If Your Will Is Witnessed Incorrectly?
The consequences depend on the specific error and the province.
If a beneficiary witnesses the will. In most provinces, the gift to that beneficiary — and in many cases to their spouse — is voided. The rest of the will typically remains valid, but that person loses their inheritance. A simple mistake with a significant consequence.
If only one witness is present. The will may be invalid entirely, which means your estate would be distributed under provincial intestacy laws rather than according to your wishes.
Curative provisions. BC and Alberta have provisions that allow a court to validate an improperly witnessed will if it can be established that the document truly reflects the deceased’s intentions. This process is expensive, time-consuming, and uncertain. It is not a safety net worth relying on.
The rules around witnessing a will in Canada are straightforward. Following them correctly takes minutes and prevents problems that could cost your family far more to resolve.
Choosing Your Witnesses: The Practical Summary
Pick two adults who are not named as beneficiaries in your will, have them present when you sign, and have them sign the document in your presence and in each other’s presence. That covers the requirements in most Canadian provinces.
If you have not yet written your will, WillKit guides you through every section — including clear instructions on the signing process — so you know exactly what to do when the time comes. A complete, legally valid Canadian will costs $59 and takes about 20 minutes to complete. No lawyer required.
Start your will at will-kit.ca
This article provides general information only and does not constitute legal advice. Witness requirements vary by province and legislation may change. If you have questions specific to your situation, consult a qualified estate lawyer in your province.
Sources:
Ontario Succession Law Reform Act (ontario.ca) – Witness age, beneficiary restrictions
BC Wills, Estates and Succession Act – BC witness rules, curative provisions
Alberta Wills and Succession Act – Alberta witness rules, curative provisions
