On this page
- Why everyone needs a will
- What makes a will legally valid?
- Different ways to create a will
- How to create a will
- When a simple will isn't enough
- Provincial variations
- Common mistakes to avoid
- Beyond your will
- Review and update regularly
Half of adult Canadians don’t have a will. Many think they’re too young, don’t own enough assets, or that creating a will is complicated and expensive. Then tragedy strikes.
A sudden accident leaves a family scrambling to figure out who gets what, who will care for the children, and how to settle debts. Without a will, provincial intestacy laws decide everything, often in ways you’d never want.
Your common-law partner might receive nothing. A court appoints guardians for your kids. Your wishes disappear.
Whether you choose making a will online, using will kits, or hiring legal help, understanding the process ensures your wishes are followed.
Why everyone needs a will
Creating a will in Canada protects your loved ones and ensures your wishes are respected after death.
A will is a legal document specifying how your assets should be distributed, who becomes guardian of your minor children, and who manages your estate.
Even young people with modest assets need wills. You likely have more than you think: bank accounts, vehicles, personal belongings, digital assets, and future inheritances all count.
Common misconceptions prevent people from making a will. “I don’t own much” doesn’t exempt you. Without a will, intestacy laws determine distribution, often excluding common-law partners entirely.
“I’m too young” ignores that accidents happen at any age. “It’s too expensive” overlooks free and low-cost options.
What makes a will legally valid?
What you need for a will includes meeting specific legal requirements that vary slightly by province.
You must be of sound mind, meaning you understand what a will does, comprehend your assets, know your beneficiaries, and grasp the will’s effects. Most provinces require you to be age of majority, typically 18 or 19, though exceptions exist for married individuals, those with children, or military members.
The will must be in writing, either typed or handwritten depending on type. You must sign it at the very end. Two adult witnesses must watch you sign and then sign themselves in your presence simultaneously.
Witnesses cannot be beneficiaries or spouses of beneficiaries, as this invalidates their inheritance in most provinces.
British Columbia recently allowed digital signatures and electronic storage, but other provinces require physical signatures and printed documents.
Different ways to create a will
Do I need a lawyer for a will? No, though lawyers help with complex situations.
DIY will kits
Pre-printed will kits provide fill-in-the-blank templates costing under $40. They handle legal language while you add personal details. However, they’re one-size-fits-all and can’t be updated easily. You must start fresh with a new kit for any changes.
Online will builders
Making a will online through platforms like Willful, LegalWills, or FormalWill costs $40 to $139. These services guide you through questionnaires taking about 20 minutes.
The platforms generate legally compliant documents tailored to your province. You can update anytime, though you must print, sign, and have it witnessed again for changes to be legal. Online wills work well for straightforward estates without complex trusts or conditional gifts.
Holographic wills
Holographic wills are completely handwritten, signed, and dated by you. They don’t require witnesses but must be entirely in your handwriting with no typed or printed portions.
They’re legal in most provinces except BC and PEI. While free, holographic wills risk ambiguous language, disputes, and legal challenges. Courts must verify handwriting, delaying probate.
Hiring a lawyer or notary
Lawyers create customized wills addressing complex situations like business ownership, multi-provincial property, blended families, or special needs dependents.
Costs range from $300 to $1,000 or more depending on complexity. Quebec’s notarial wills offer unique advantages, not requiring probate in most cases.
How to create a will
Follow these steps for creating a will that’s legally valid and comprehensive.
| Step | What to do | Key details |
|---|---|---|
| List assets & liabilities | Record everything you own and owe | Property, vehicles, bank accounts, investments, insurance, business interests, digital assets, debts |
| Choose key people | Appoint executor and guardians | Name a primary and alternate executor; choose guardians for minor children |
| Decide on bequests | Decide who gets what | Specific gifts, percentage distribution, backup beneficiaries, charities |
| Draft the will | Create the document | Use online tools, a will kit, holographic will, or a lawyer |
| Sign correctly | Make it legally valid | Sign at the end in wet ink; two adult witnesses present; witnesses must not benefit |
| Store & inform | Keep it safe and accessible | Fireproof safe or bank box; give executor a copy; inform location |
When a simple will isn’t enough
Some situations require professional legal assistance beyond basic creating a will in Canada methods.
Blended families need careful planning to balance spousal support with children’s inheritances from previous relationships.
Business ownership requires addressing partnership agreements, succession plans, and tax implications. Property in multiple provinces or countries creates jurisdictional complexities. Special needs dependents might require Henson trusts. Significant assets exceeding $500,000 benefit from tax planning strategies.
Provincial variations
Estate laws vary across Canada’s provinces and territories, affecting how to create a will.
Quebec operates under civil law with unique notarial wills unavailable elsewhere. BC recently allowed digital wills. Holographic wills are invalid in BC and PEI.
Age requirements differ, with BC allowing 16-year-olds to make wills while most provinces require age 18 or 19. If you own property in multiple provinces or move between them, ensure your will remains valid everywhere your assets exist.
Common mistakes to avoid
These errors can invalidate your will or create family disputes.
Vague language like “my jewelry goes to my daughter” without specifying which pieces causes confusion. Forgetting to sign or get proper witnesses invalidates the entire document.
Not updating after marriage, divorce, births, deaths, or major asset changes means your will doesn’t reflect current wishes. Many provinces automatically revoke wills upon marriage. Storing wills where executors can’t find them defeats their purpose.
Beyond your will
Complete estate planning includes additional documents.
Power of Attorney for Property lets someone manage your finances if you become incapacitated while alive.
Power of Attorney for Personal Care or health care directives specify medical treatment preferences. Living wills outline end-of-life care wishes. These documents work alongside your will to protect you both before and after death.
Review and update regularly
Making a will isn’t a one-time task. Review every 6 to 12 months and update after major life events: marriage, divorce, birth of children, death of beneficiaries or executors, significant asset changes, or moving provinces. Create a new will or codicil rather than making handwritten changes to signed documents.
FAQs about how to create a will
No, do I need a lawyer for a will depends on your situation. Simple estates work fine with online services or will kits costing $40 to $139. Complex situations involving business ownership, blended families, or multi-jurisdictional assets benefit from legal expertise.
Yes, you can make a will through handwriting (holographic), will kits, or online services. As long as it meets provincial requirements including proper signatures and witnesses, it's legally valid.
Holographic wills are free. Will kits cost under $40. Making a will online ranges from $40 to $139. Lawyers charge $300 to $1,000 or more depending on complexity.
Dying intestate means provincial laws decide asset distribution. Common-law partners often receive nothing. Courts appoint guardians for your children. Your wishes are ignored entirely, and the process costs more and takes longer than if you had a valid will.