No, a will does not need to be notarized in Canada. In every province except Quebec, notarization is not a legal requirement for a will to be valid. The confusion is understandable — notarization is required for other legal documents, and many people assume the same applies to wills. It does not. What a will requires is proper signing and witnessing, which is a different process entirely. This post explains what the signing stage actually involves, what an affidavit of execution is and why it is worth getting, and how to complete this stage correctly so your will holds up when it matters most.
What Does Notarization Mean and Why Do People Ask?
Notarization is the process by which a notary public or commissioner of oaths certifies that a document is authentic, that the person signing it is who they say they are, and that they signed willingly. It is required for many official documents in Canada, including statutory declarations, powers of attorney in some provinces, and documents used in foreign countries.
Because notarization comes up so often in legal and real estate contexts, many Canadians assume it applies to wills as well. It is a reasonable assumption. Wills are important legal documents, and it seems logical that they would require the same level of formal certification.
But the legal requirements for a valid will in Canada are different from those for other documents. The Wills Acts across Canadian provinces set out a specific process for making a will valid, and that process centres on witnessing, not notarization. Understanding the distinction is the key to completing the signing stage correctly.
What Is Required Instead of Notarization?
In most Canadian provinces, a will is made legally valid through a witnessed signing process. Here is what that involves.
Two adult witnesses. You must sign your will in the presence of two witnesses. Both must be adults, which means at least 18 years old in most provinces and 19 in British Columbia. Both must watch you sign and then sign the will themselves, in your presence and in each other’s presence. All three of you must be in the same room at the same time throughout the signing.
Who cannot be a witness. A person named as a beneficiary in your will should not serve as a witness. In most provinces, a gift to a witness may be voided even if the rest of the will remains valid. Use neutral parties who have no financial interest in your estate. For a complete breakdown of who can and cannot witness a will, read our guide on witness requirements in Canada.
No notary required. A notary public or commissioner of oaths does not need to be present at the signing for a will to be valid. Your two witnesses can be any eligible adults, including a neighbour, a colleague, or a friend.
Signing order matters. You must sign first, in the presence of both witnesses. Your witnesses then sign after you. If a witness signs before you, or if you are not present when a witness signs, the will may not be valid.
What Is an Affidavit of Execution and Do You Need One?
An affidavit of execution is a sworn statement signed by one or both of your witnesses confirming that they witnessed your will being signed correctly. It is not required for a will to be valid, but it is strongly recommended and worth the small effort it takes.
Why it matters. When your estate goes through probate after your death, the court needs to confirm that your will was properly signed and witnessed. Without an affidavit of execution, the court may need to track down your witnesses to confirm this in person, which can take time and create delays for your executor and your family. An affidavit of execution on file eliminates that step entirely.
How to get one. At the time of signing, take your completed and witnessed will to a notary public or commissioner of oaths. Your witness, or both witnesses, sign the affidavit in front of the notary, who then certifies it. The process takes about 15 minutes and typically costs between $25 and $75 depending on the provider.
When to do it. The best time to get an affidavit of execution is immediately after your will is signed, while your witnesses are still available. Tracking down witnesses weeks or months later is inconvenient. Build it into your signing day as the final step.
Is it the same as notarizing the will? No. An affidavit of execution is a separate document that confirms the will was properly signed. The will itself is not notarized. The notary or commissioner of oaths is certifying the affidavit, not the will.
Does a Will Need to Be Notarized in Canada? Province by Province
The answer is no across most of Canada, but the details of the signing process vary slightly by province.
Ontario
Ontario does not require notarization. A will is valid when signed by the testator in the presence of two adult witnesses, both of whom sign in the testator’s presence and each other’s presence. An affidavit of execution is not required but is strongly recommended. Ontario also permanently allows remote witnessing via audio-visual technology under the Succession Law Reform Act. For more detail on making a will in Ontario, read our guide on how to create a will in Ontario.
British Columbia
BC does not require notarization. Witnesses must be at least 19 years old. BC’s Wills, Estates and Succession Act includes curative provisions allowing a court to validate an improperly witnessed will in limited circumstances, but proper execution remains essential.
Alberta
Alberta does not require notarization. The signing requirements under the Wills and Succession Act mirror those in most other provinces. Alberta also has curative provisions similar to BC. An affidavit of execution is not required but is useful for probate.
Other Provinces
Manitoba, Saskatchewan, Nova Scotia, New Brunswick, PEI, and Newfoundland and Labrador all follow the same general framework. No notarization required. Two adult witnesses, proper signing, and an optional but recommended affidavit of execution.
Quebec
Quebec is the exception. Quebec uses a civil law framework and does not recognize the standard witnessed will format used in other provinces. Quebec residents have two options: a notarial will, which is prepared with and certified by a Quebec notary and does not require probate, or a holographic will, written entirely in the testator’s own handwriting with no witnesses required. WillKit is not available for Quebec residents.
What About Notarizing a Copy of Your Will?
While the original will does not need to be notarized, there are situations where a certified copy of your will may be useful.
A certified true copy is a photocopy of your will that a notary or commissioner of oaths has stamped and signed to confirm it is a true copy of the original. Financial institutions, foreign governments, or other organizations may request a certified copy when dealing with estate matters.
Getting a certified copy is straightforward. Take the original signed will to a notary, who will compare the copy to the original and certify it. The notary is certifying the copy, not the original will. This is different from notarizing the will itself, which as noted above is not required.
Keep the original signed will in a safe location and provide certified copies to your executor or to organizations that request them. Never give away the original.
Common Signing Mistakes to Avoid
Even without a notarization requirement, there are several mistakes people make at the signing stage that can create problems later.
Choosing a witness who is also a beneficiary. As discussed above, this can void that person’s gift in most provinces. Always use neutral witnesses.
Not having both witnesses present at the same time. Both witnesses must be in the room simultaneously. Having one witness sign on a different day is not valid.
Signing after your witnesses. You must sign first. Your witnesses sign after you, in your presence.
Skipping the affidavit of execution. It is not required, but skipping it can create delays and complications during probate. It takes 15 minutes and costs very little. Do it on the day you sign.
Storing your will somewhere no one can find it. A will that cannot be located after your death is a will that cannot be followed. Tell your executor where it is kept and consider registering it with the Canada Will Registry.
The Bottom Line on Will Notarization in Canada
A will does not need to be notarized in Canada. What it needs is two adult witnesses, a correct signing process, and ideally an affidavit of execution to make probate straightforward for your executor.
If you have not yet written your will, WillKit walks you through every section in plain language, including clear instructions for the signing stage, so you know exactly what to do from start to finish. A complete, legally valid Canadian will costs $59 and takes about 20 minutes. No lawyer required, no notarization needed.
Start your will at will-kit.ca
This article provides general information only and does not constitute legal advice. Will requirements vary by province and may change over time. If your estate is complex or you have specific legal questions, consult a qualified estate lawyer in your province.
Sources:
Canada.ca — Wills and estate planning: General legal framework, authoritative citation
Ontario Succession Law Reform Act: Ontario witness and signing requirements
BC Wills, Estates and Succession Act: BC signing requirements
Alberta Wills and Succession Act: Alberta signing requirements
