How to Write a Will in Canada: Forms, Rules and Costs
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Knowing how to write a will in Canada starts with one fact: each province sets its own rules. A will that is valid in Ontario can fail in British Columbia, and Quebec uses a civil-law system with its own three forms. This guide walks you through the forms each province recognizes, the signing rules, online will services and their prices, and what happens when there is no will at all. It belongs to our retirement and estate planning hub.
The rules below were checked as of October 20, 2026, against the official texts: Ontario's Succession Law Reform Act, the Civil Code of Québec, British Columbia's Wills, Estates and Succession Act, and the Government of Alberta's page on wills in Alberta. They describe how the law works in general. Your own situation, such as a blended family, a business, or property in another country, may call for a lawyer or a notary.
Why a will matters in Canada
A will names who receives your property, who manages your estate (your executor, called a liquidator in Quebec), and who you would like to care for minor children. Without one, provincial law decides who inherits, in a fixed order that may not match your wishes.
The gap is largest for unmarried couples. In Ontario, and in Quebec outside a parental union, a common-law partner is not an automatic heir when there is no will. A will is also the document that ties your other planning together. Registered accounts such as an RRSP or a TFSA can name a beneficiary directly, but everything else, from a bank account to a car, follows the will or the intestacy rules.
The types of wills in Canada
Canadian provinces recognize up to three forms of will. Which ones are valid depends on where you live.
Formal witnessed will
This is the most common form outside Quebec. You type or write the will, then sign it at the end in front of two witnesses who are present at the same time. The witnesses then sign in your presence. In Quebec, the equivalent is the will made before witnesses: two adult witnesses, and every page that does not carry a signature must be initialled when the will is typed or written by someone else.
A witness should never be a beneficiary or the spouse of one. In Ontario and British Columbia, a gift to a witness or to the witness's spouse is void, even though the rest of the will stays valid.
Holograph (handwritten) will
A holograph will is written entirely in your own hand and signed by you, with no witness. Ontario, Quebec and Alberta accept it. It must be fully handwritten: a typed or fill-in-the-blanks form does not qualify, and Quebec's Civil Code specifies that the signature cannot be made "by a technical means".
British Columbia does not list the holograph will as a valid form. A will there must meet the two-witness rule, although a BC court can still give effect to a document that shows the deceased's intentions.
Notarial will (Quebec only)
In Quebec, a notary drafts the will and signs it with you, in the presence of one witness. The notary keeps the original. Its main advantage comes after death: a notarial will does not need to be verified, while a holograph will or a will made before witnesses must be verified by a notary or the Superior Court before the estate can be settled.
Rules by province
The formal requirements differ in ways that matter: who can make a will, who can witness it, and whether you can sign over video.
| Province | Witnessed will | Handwritten will | Minimum age | Other rules |
|---|---|---|---|---|
| Ontario | Signed at the end before 2 witnesses present at the same time | Valid | 18, with narrow exceptions (married, regular Canadian Forces or active service, sailor at sea) | Video witnessing allowed if one witness is a Law Society licensee |
| Quebec | 2 adult witnesses; notarial will before a notary and 1 witness | Valid if entirely handwritten and signed by hand | A minor can only leave property of small value | Handwritten and witnessed wills must be verified after death |
| British Columbia | 2 witnesses aged 19 or older, present at the same time | Not a listed form; a court can give effect to it | 16 | Electronic wills and video witnessing allowed |
| Alberta | Signed before 2 witnesses who sign in your presence | Valid | Provincial guidance addresses adults 18 and over | A lawyer is recommended by the province |
Two Ontario changes are worth knowing. Since January 1, 2022, getting married no longer cancels an existing will in Ontario. Separation can now matter instead: if spouses are separated at the time of death under the conditions set by the law, gifts to the separated spouse are treated as if that spouse had died first.
Other provinces and the territories have their own statutes. If you live outside the four provinces above, check your province's official site before you sign.
How to write a will, step by step
The process is the same whatever form you choose. What changes is who holds the pen and who watches you sign.
- List what you own and what you owe. Include bank and investment accounts, real estate, vehicles, life insurance, and debts. Note which accounts already have a named beneficiary.
- Choose your executor and a backup. Pick someone organized who lives nearby or can manage paperwork remotely. Ask them first.
- Decide who receives what. Name specific gifts, then say who receives the residue (everything left after debts, taxes and specific gifts).
- Name a guardian for minor children. Name the person you would want, and a backup, and ask both before you write them in.
- Pick the form and sign it correctly. Follow your province's rules on witnesses to the letter. A small mistake, such as a beneficiary acting as a witness, can cancel a gift.
- Store it and tell your executor where it is. In Quebec, heirs must obtain search certificates from the will registries of the Chambre des notaires and the Barreau du Québec, so ask your notary or lawyer to register the will.
Review your will after a marriage, a separation, a birth, a move to another province, or the purchase of a property. The final tax return is also your executor's job, so keep your tax filing records easy to find.
Online wills and what they cost
Online will services guide you through a questionnaire and produce a document you print and sign with witnesses. They suit a simple estate: one province, no business, no complex trust.
Prices listed on each provider's site on October 20, 2026, for one person:
- Willful, will only: $129
- Willful, will plus powers of attorney for property and health: $199
- Epilogue, will only: $139
- Epilogue, will plus incapacity documents: $199
Willful lists Quebec among its provinces. A Quebec will produced online and signed before two witnesses is a will made before witnesses, so it will need to be verified after death, unlike a notarial will. Both services advertise free updates. Ratesopedia has no affiliate relationship with either service.
What happens if you die without a will
When there is no valid will, you die "intestate" and a provincial formula divides your estate. The formula looks only at legal relationships, not at your wishes or your family's needs.
| Province | Spouse, no descendants | Spouse and descendants | Unmarried partner |
|---|---|---|---|
| Ontario | Spouse receives everything | Spouse receives the first $350,000, then half of the rest with one child, or one-third with two or more children | Not an heir; may apply for dependant support |
| Quebec | Spouse may share with parents, brothers and sisters under the Civil Code order | Spouse receives one-third, descendants two-thirds | De facto spouse is not an heir; a parental-union spouse is |
| British Columbia | Spouse receives everything | Spouse receives household furnishings, $300,000 ($150,000 if not all descendants are shared), then half of the rest | Depends on the definition of spouse in the Wills, Estates and Succession Act |
In Ontario, the intestacy rules use the Family Law Act definition of a spouse, which covers married partners. A common-law partner is not an automatic heir but may ask the court for support as a dependant. In Quebec, the Civil Code names the spouse "by marriage, by civil union or by parental union". A de facto spouse (unmarried partner outside a parental union) does not inherit without a will.
If no relative qualifies, the estate goes to the province. In Quebec, Revenu Québec then administers the succession.
Conclusion
A valid will takes a few hours and, for a simple estate, between nothing and about $200. The form matters less than following your province's signing rules exactly. Quebec residents should weigh the notarial will, which skips verification after death. Everyone should pair the will with powers of attorney for the years before it, and check their beneficiary designations on registered accounts.
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Frequently asked questions about writing a will in Canada
Is a handwritten will legal in Canada?
It depends on the province. Ontario, Quebec and Alberta accept a holograph will, as long as it is written entirely in your own hand and signed by you, with no witness required. British Columbia does not list it as a valid form, so a will there needs two witnesses, although a court can still give effect to a defective document. A handwritten will is cheap but easy to challenge, so date it, keep it legible, and name an executor. If you hold RRSP savings, confirm the beneficiary on the account itself as well.
Do I need a lawyer or a notary to make a will?
None of the four provinces covered here requires one for a holograph will or a formal witnessed will. A lawyer, or a notary in Quebec, is worth the cost when your estate includes a business, property outside Canada, a blended family, or a dependant with a disability. In Quebec, only a notary can make a notarial will, which avoids the verification step after death. For a simple estate, an online service or a carefully signed witnessed will can be enough. Our retirement planning hub covers the other documents to prepare.
Who can witness a will?
British Columbia requires witnesses aged 19 or older, and Quebec requires adult witnesses. Avoid anyone who receives something under the will, and their spouse. In Ontario and British Columbia, a gift to a witness or to a witness's spouse is void, even though the rest of the will survives. Two neighbours, colleagues or friends with no stake in your estate are the safest choice. Ontario also allows remote witnessing over video if at least one witness is a licensee of the Law Society of Ontario, such as a lawyer.
What happens to my bank accounts if I die without a will?
Accounts in your name alone become part of your estate and follow the intestacy formula of your province. Joint accounts can follow different rules depending on your province and on how the account was opened, so check with your bank. Your bank will ask for proof of who has authority before releasing funds. Our guide to CDIC coverage explains how deposits are protected, and our banking hub covers account types.
Does getting married cancel a will?
In Ontario, it no longer does: the rule that marriage revoked a will was repealed effective January 1, 2022. British Columbia's law also states that a will is not revoked by a presumed intention linked to a change in circumstances. In Ontario, divorce and certain separations work the other way: gifts to the former spouse are treated as if that person died first. In British Columbia, gifts to a spouse are revoked when you cease to be spouses. After any change in your relationship, read your will again and update it.
How much does it cost to write a will in Canada?
A holograph will costs nothing but your time. Online services listed prices between $129 and $139 for a will alone, and $199 for a will with powers of attorney, as of October 20, 2026. Lawyer and notary fees vary by firm, so ask for a written quote before you start. Compare that cost with the time and fees your family could face without a will. If you are also planning your savings, see our TFSA guide.
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