Canada Last Will and Testament
Also known as: Will · Holographic Will · Notarial Will
Generate a last will and testament tailored to Canada law. Our AI incorporates Canada-specific statutory requirements, disclosure obligations, and legal standards into every clause.
Last Will and Testament
Also called: Will, Holographic Will
Legal Requirements
Canada Legal Requirements
Key Canada statutes and obligations that apply to your last will and testament.
Wills are governed by provincial succession legislation — Ontario's Succession Law Reform Act, RSBC 1996 in BC, etc.
Ontario: must be in writing, signed at the end by the testator, and witnessed by two persons who are not beneficiaries
British Columbia: allows 'wills-compliant' electronic wills under the Wills, Estates and Succession Act 2009 (judge may validate defective wills)
Quebec: Three valid forms — notarial will (before a notary), holographic will (entirely handwritten and signed), or will before witnesses
Probate required in most provinces — fee varies: Ontario uses a tiered system on estate value
Federal and provincial income taxes due in year of death — terminal tax return required
Spousal RRSP/RRIF rollovers available tax-free under Income Tax Act
Restrictions & Key Considerations
Marriage in common-law provinces does not automatically revoke a will (Ontario changed this in 2022 — marriage no longer revokes a will)
Surviving spouses and common-law partners may have election rights against the will
Dependants' relief claims available in most provinces for inadequately provided dependants
Foreign assets may be subject to the law of the jurisdiction where they are located
FAQ
Canada Last Will and Testament FAQ
Common questions about the last will and testament under Canada law.
Is a holographic will valid in Canada?
Yes, in most Canadian provinces. A holographic will must be entirely written and signed in the testator's own handwriting — no typed portions and no witnesses are required. Quebec expressly allows holographic wills. They are valid but risky as they are easy to challenge.
What is probate in Canada and how much does it cost?
Probate is the court process that validates a will and authorizes the executor to administer the estate. Ontario charges an estate administration tax: 0.5% on the first $50,000 and 1.5% on the remainder. BC charges a fee capped at 1.4% of the estate above $50,000. Alberta has a flat fee structure.
Does a Canadian will cover assets in other countries?
Your Canadian will may be recognized abroad, but real property is generally governed by the law of the jurisdiction where it sits. Many Canadians with US real estate draft a separate US will for those assets. It is advisable to consult a lawyer in each jurisdiction where you hold significant assets.
Can I leave everything to whoever I want in Canada?
Largely yes, but dependants (spouse, children) may have rights to make a dependants' relief claim against the estate if inadequately provided for. Ontario's Family Law Act also gives a surviving spouse the right to elect against the will and take their equalization payment instead.
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Last Will and Testament by Country
Laws vary significantly by country. Find the right form for your jurisdiction.
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