More than half of Canadians do not have a will. For most of them, it is not a matter of not caring — it is a matter of assuming the process is more complicated, more expensive, or more lawyer-dependent than it actually is. If you have been putting off writing a will in Canada, this guide is for you. The process is more straightforward than most people expect, and by the end of this post you will know exactly what is involved.
Who Can Write a Will in Canada?
To write a valid will in Canada, you need to meet two basic requirements.
Age. In most provinces, you must be at least 18 years old. Exceptions exist in some provinces for people who are or have been married, or who are members of the Canadian Armed Forces on active service.
Testamentary capacity. This is the legal term for being of sound mind when you make your will. In plain language, it means you understand what a will is, what property you own, who your family members are, and what you are doing when you sign the document. For most people reading this, capacity is not a concern. It becomes relevant when illness, age, or medication may affect a person’s understanding at the time of signing.
If you meet both of these requirements, you can write a will in Canada. No lawyer required.
What to Include in Your Will
A complete will covers six key elements. Here is what each one means and why it matters.
Executor. Your executor is the person responsible for carrying out the instructions in your will after you die. They will locate your assets, pay your debts, file your final tax return, and distribute what remains to your beneficiaries. Choose someone you trust who is organized and reliable. To understand the full scope of what an executor does, read our guide on what an executor does.
Name at least one alternate executor in case your first choice is unable or unwilling to act.
Beneficiaries. Beneficiaries are the people or organizations who receive your assets. Use full legal names rather than nicknames. Be specific about who gets what, and name alternate beneficiaries in case a primary beneficiary dies before you do.
Specific gifts. If you want to leave particular items to particular people, name them explicitly. A piece of jewellery, a vehicle, a family heirloom. Vague language like “divide my belongings equally” is an invitation for family disputes.
Residual estate. The residual clause covers everything not specifically named elsewhere in your will. Without one, unnamed assets may fall outside your will and be distributed under provincial intestacy laws rather than according to your wishes.
Guardian for minor children. If you have children under 18, your will is where you name the person you want to raise them if both parents die. This is one of the most consequential decisions in your entire estate plan. Without a named guardian, a court will make this decision without any input from you.
Funeral and burial wishes. You can include instructions for your funeral, burial, or cremation. Keep in mind your will may not be located until after arrangements have been made, so communicate your wishes to your executor directly as well.
How to Write a Will in Canada: Step by Step
Writing a will in Canada follows a clear process. Here are the steps from start to finish.
Step 1: Take stock of what you own. List your assets — your home, vehicle, bank accounts, investments, registered accounts (RRSP, TFSA, RESP), personal property, and any business interests. Also note any significant debts. This gives you a clear picture of your estate before you start making decisions about it.
Step 2: Decide who gets what. Go through your asset list and decide who receives each item or category of assets. Think about what happens if a beneficiary dies before you do and name alternates.
Step 3: Choose your executor. Pick someone you trust who is capable of handling financial and administrative tasks. Tell them you are naming them before you finalize the will. An executor who is surprised by the role after you die is at a disadvantage from the start.
Step 4: Name a guardian if you have minor children. This is a conversation worth having with the person you intend to name before you put it in writing. Make sure they are willing and able to take on the responsibility.
Step 5: Write the will or use a will kit. For most Canadians with a straightforward estate, a well-designed online will kit is the practical choice. WillKit walks you through every section in plain language, builds the document as you go, and ensures nothing is missed. A lawyer is worth the cost for complex situations — blended families, business assets, trusts, or significant cross-provincial holdings.
Step 6: Sign in front of two witnesses. Both witnesses must be present when you sign and must sign the will themselves in your presence and in each other’s presence. See the next section for the rules on who can and cannot serve as a witness.
Step 7: Store it somewhere your executor can find it. A will that cannot be located after you die is a will that cannot be followed. Tell your executor where it is. Consider registering it with the Canada Will Registry.
How to Make Your Will Legally Valid in Canada
Writing down your wishes is only part of the process. For a will to be legally valid in most Canadian provinces, it must be signed and witnessed correctly.
Two adult witnesses. Both must be present when you sign the will, and both must sign in your presence and in each other’s presence.
Who cannot be a witness. A beneficiary named in your will should not serve as a witness. Under the legislation in most provinces, a gift to a witness — or to the spouse of a witness — may be voided even if the rest of the will remains valid. Use neutral parties.
Does your will need to be notarized? No. A standard will in Canada does not need to be notarized to be valid. However, having your witnesses sign an affidavit of execution before a notary or commissioner of oaths can simplify the probate process considerably. It is a small step worth taking at the time of signing.
Province-specific notes. Witness age requirements are 18 in Ontario and Alberta, and 19 in British Columbia. Quebec has a distinct legal system and does not use the standard witnessed will format — Quebec residents should work with a notary to prepare either a notarial will or a holographic will. WillKit serves all provinces except Quebec.
For a complete breakdown of witness rules across Canada, read our guide on who can witness a will in Canada.
How Much Does It Cost to Write a Will in Canada?
Hiring a lawyer. A basic will prepared by a Canadian lawyer typically costs between $500 and $1,500 depending on complexity, location, and the lawyer’s rate. More involved situations — blended families, business assets, trusts — cost more. Lawyer fees are not regulated in most provinces, so rates vary.
Using an online will kit. For most Canadians with a straightforward estate, an online will kit provides the same legal outcome at a fraction of the cost. WillKit offers a complete, legally valid Canadian will for $59, with plain-language guidance through every section. No appointment needed, no hourly billing, and you can update your will at any time at no extra cost.
Free templates. Free downloadable templates exist but carry real risk. They require you to know what you are doing, they do not adapt to your province’s specific requirements, and a mistake in a free template can be as costly as having no will at all.
For most Canadians, the choice comes down to a lawyer for complex situations or a will kit for everything else.
Common Mistakes to Avoid When Writing a Will
Using vague language. “I leave everything to my family” is not a plan. Be specific about who receives what, and use full legal names.
Not naming alternate beneficiaries or executors. If your named executor or primary beneficiary dies before you and there is no alternate named, your estate may end up in court.
Choosing a witness who is also a beneficiary. As noted above, this can void the gift to that person in most provinces. Always use neutral witnesses.
Failing to update after major life events. Marriage, divorce, the birth of a child, a significant change in assets — any of these can make an existing will incomplete or inconsistent with your intentions. Review your will at least once a year.
Storing your will somewhere no one can find it. Your executor needs to be able to locate your will promptly after you die. A will locked in a safe without anyone knowing the combination, or filed in a box no one knows to look in, is a practical problem for the people trying to carry out your wishes.
Writing a Will in Canada Is Simpler Than You Think
For most Canadians, the hardest part of writing a will is not the paperwork. It is making the decisions: who gets what, who is in charge, who raises your children. Once those decisions are made, the rest takes about 20 minutes.
WillKit walks you through every step in plain language, builds your will document as you go, and ensures it meets the legal requirements of your province. A complete Canadian will costs $59. No lawyer needed, no appointment required.
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
Provincial Wills Acts (Ontario SLRA, BC WESA, Alberta WSA)
