On this page
- Why understanding will types matters in Canada
- Formal (attested) wills
- Holographic (handwritten) wills
- Notarial wills (Quebec)
- Joint and mutual wills
- Living wills vs last wills
- Provincial differences to keep in mind
- Choosing the right type of will for your situation
- Common mistakes to avoid
When it comes to estate planning, the first step is choosing the right type of will. Many Canadians are surprised to learn there’s more than one option available.
From formal, witnessed documents to handwritten wills, each type comes with its own rules and implications. Understanding these options helps ensure your wishes are carried out without unnecessary delays or disputes.
Different types of wills in Canada include formal attested wills requiring two witnesses, holographic wills written entirely by hand without witnesses, notarial wills prepared by Quebec notaries, and specialized options like joint or mutual wills for couples.
Understanding each type helps you select the right approach for your estate planning situation.
Why understanding will types matters in Canada
Choosing the appropriate will type protects your assets and ensures your wishes are followed.
Estate planning isn’t one-size-fits-all. The different types of wills available in Canada serve different needs, budgets, and circumstances.
A simple estate might need only a basic holographic will, while complex family structures require formal legal documentation. Provincial laws also vary significantly. What works in Ontario might be invalid in British Columbia.
Formal (attested) wills
Formal wills are the most common and legally secure option for estate planning.
A formal will, also called an attested will, is typically typed and prepared with legal assistance. It follows strict provincial requirements, including proper witnessing and signatures.
Formal wills require two witnesses who are at least 18 years old. Witnesses must watch you sign the will and then sign it themselves in your presence. Witnesses should not be beneficiaries or spouses of beneficiaries.
Formal wills work best for complex estates involving multiple properties, business interests, or significant assets. They’re essential when family situations are complicated, such as blended families or potential disputes among heirs.
Holographic (handwritten) wills
Holographic wills offer a simple, no-cost alternative but come with significant risks.
Holographic wills are legal in Ontario, Alberta, Saskatchewan, Manitoba, Quebec, New Brunswick, Newfoundland and Labrador, and the territories.
British Columbia and Prince Edward Island do not recognize holographic wills except for active military members. The entire will must be in your handwriting and signed by you, with no witnesses required.
The main advantage is simplicity and cost. You can create a holographic will immediately without lawyers or witnesses. However, holographic will vs formal will comparisons show significant drawbacks. Courts must verify your handwriting, which can delay probate.
Ambiguous wording often leads to disputes. Without witnesses, proving you were mentally capable becomes difficult.
Notarial wills (Quebec)
Quebec offers a unique will option through its civil law system.
Notarial wills are prepared by licensed notaries who ensure the document meets all legal requirements. The notary verifies your identity, mental capacity, and that you’re acting freely. You sign the will with the notary and one witness present.
Unlike other types of wills, notarial wills in Quebec don’t need court validation after death. They take effect immediately, saving time and money. While more expensive upfront, they often save estates money by avoiding probate costs.
Joint and mutual wills
Joint wills are single documents created by two people, usually spouses. When one spouse dies, the surviving spouse cannot change the will. Joint wills are inflexible and generally not recommended by estate lawyers.
Mutual wills are separate documents with mirror provisions, where both spouses agree not to change their wills without mutual consent. They provide more flexibility than joint wills while offering commitment about final distributions.
Mutual wills work for couples wanting to ensure assets eventually go to specific beneficiaries, like children from previous marriages.
Living wills vs last wills
Many Canadians confuse these completely different types of wills.
A last will distributes your assets after death. A living will, also called an advance directive, outlines your medical treatment preferences if you become incapacitated.
Living wills address end-of-life care decisions, such as life support. They’re health care documents, not estate planning tools. You need both for complete planning.
Provincial differences to keep in mind
Estate law varies significantly across Canada’s provinces and territories.
Most provinces accept holographic wills, but BC and PEI don’t recognize them for civilians. This matters if you move between provinces or own property in multiple jurisdictions.
Quebec operates under civil law, while other provinces use common law. Quebec recognizes notarial wills unavailable elsewhere.
Choosing the right type of will for your situation
Your personal circumstances should guide your decision.
If you have straightforward assets, few debts, and clear beneficiaries, a formal will through an online service or a lawyer provides sufficient protection. Holographic wills are riskier even for simple estates due to potential validity challenges.
Blended families, dependent adults, or estranged relatives require formal wills with explicit language. Business interests demand formal wills addressing partnership agreements and tax implications.
Common mistakes to avoid
Several errors can invalidate your will or create problems for your estate.
Using beneficiaries as witnesses invalidates their inheritance in most provinces. Ensure witnesses are independent parties with no financial interest.
Marriage, divorce, births, deaths, and significant changes to assets all require a will update. Vague language can lead to disputes, so be specific about assets and beneficiaries.
FAQs about the different types of wills
Yes, holographic wills are legal in most provinces, including Ontario, Alberta, and Saskatchewan. The entire will must be handwritten and signed by you, with no witnesses required. However, BC and PEI don't recognize handwritten wills.
No, wills don't require notarization in Canada except for Quebec's notarial wills. Formal wills need two witnesses, while holographic wills need only your handwritten signature.
No, you can create a will without a lawyer using online services or a holographic will format. However, lawyers help ensure your will meets legal requirements and addresses complex situations adequately. It’s also essential to review and update your will regularly to reflect life changes and avoid future disputes.