How to Write a Will: What Canadians Need to Know

Most Canadians understand that having a will is important — yet many still don’t have one. Fewer than half have a will, and among those without one, a common reason is  simply not knowing where to start.

Thinking about what happens after you die isn’t exactly fun dinner table conversation. But putting off a will can leave loved ones in the lurch during an already difficult time. The good news? Writing a will is usually far easier than many people expect.

This guide explains what a will does, who needs a will (spoiler alert: almost everyone!), the main types of wills, how to create one, and what happens if you die without one.

Key takeaways

• A will is a legal document that sets out what happens to your assets and dependents after you die.

• In Canada, if you die without a will (known as dying intestate), your estate is settled according to provincial or territorial law.

• You should consider making a will if you are married or in a common-law relationship, have dependents, own property, investments, or a business, or have a life insurance policy or other assets.

• The four most common types of wills in Canada are a simple will, formal will, holographic will, and living will.

• Common mistakes in making a will include letting it go out of date, not signing or witnessing the will properly, using vague or confusing language, and forgetting to name an alternate executor and beneficiaries.

What is a will?

A will is a legal document that sets out what happens to your assets and dependents after you die. It gives clear instructions, so your affairs are handled the way you intended.

While every will is different, most typically include:

• Your identity and confirmation that the document replaces any previous versions.

• The name of an executor — the person responsible for carrying out the instructions and managing the estate.

• The names of your beneficiaries — the individuals or organizations who will receive your money, property, or specific gifts.

• Instructions for dependents, such as naming a guardian for minor children.

• Directions for how assets should be managed and distributed.

Why you need a will

A will answers a few practical questions: who will manage your estate, who should receive your assets, and who should care for any dependents. Regardless of the size of your estate, having a will can help:

• Provide clarity for your loved ones. A will spells out who receives what, helping to reduce uncertainty and the likelihood of disagreements.

• Keep decisions in your hands. With a will in place, your estate is usually distributed according to your instructions, rather than default provincial or territorial laws.

• Protect dependents and loved ones. A will can help support the timely and orderly transfer of assets to a spouse, children, or other loved ones.

• Make the process easier to manage. Clear direction can simplify estate administration. Without a will, assets may be tied up until a court appoints an administrator.

Read more: What is estate planning?

What happens if you die without a will in Canada?

If you die without a will (known as dying intestate), your estate is settled according to provincial or territorial law — not your personal wishes. That means the courts decide who inherits what, even if that’s not how you would have divided things. That can lead to delays, court involvement, family conflict, and increased costs to wrap up the estate.

Who needs a will?

When it comes to who needs a will, the short answer is: almost everyone.

While a will isn’t legally required, most adults can benefit from having one, especially if you:

• Are in a common-law relationship. A surviving partner does not automatically have the same legal rights as a married spouse.

• Have dependents. A will allows you to name a guardian for minor children and provide direction for the care of other dependents.

• Own property, investments, or a business.

• Have life insurance or other assets that need direction.

• Want to leave a charitable or personal legacy.

Types of wills in Canada

There’s no one type of will in Canada. The right type depends on your situation and how complex it is.

One thing to keep in mind: wills follow provincial or territorial rules. Each province has its own requirements for things like signing, witnesses, and in some cases, handwritten wills, so make sure you’re covering all your bases.

Here are four common types of wills in Canada:

Simple will

A simple will (or basic will) is a basic legal document that sets out your final wishes. It typically covers the essentials, such as naming an executor, identifying beneficiaries, and if applicable, setting out guardianship for minor children or pets.

For many Canadians, a simple will can often be enough. If your situation is more complex, you may want to explore other options.

“Simple” refers to your situation, not the legal format of the will. In practice, most simple wills are still attested (confirmed to be genuine) and are properly signed and witnessed.

Formal will

A formal (or attested) will refers to how a will is legally completed — not what’s in it. It’s any written will, usually typed, that’s signed by the person making it in the presence of two witnesses, who also sign the document.

In most cases, the witnesses also complete a sworn statement (called an affidavit) confirming they saw the will being signed and had no reason to believe the person making it lacked the capacity to provide legal instructions.

While a lawyer is not required, many people choose to have a will prepared with legal assistance when their circumstances are more complex or when added certainty is important.

Holographic will

Despite the sci-fi name, this type of will has nothing to do with 3D images or Star Trek reruns. A holographic will is an entirely handwritten document, with no typed or printed text allowed, that’s signed and dated by the person making it. Witnesses are generally not required.

However, the trade-off with a holographic will is more room for mistakes or misunderstandings that can lead to problems or challenges from beneficiaries later. Courts may also require proof during probate that the handwriting matches that of the testator (the person writing the will).

Holographic wills may not be legally valid in every province and territory, so it’s important to check the rules depending on where you live. Because of these risks, holographic wills are generally better suited to limited or urgent situations, rather than long-term planning.

Living will

A living will is a legal document that sets out your wishes for medical treatment if you’re still alive but unable to speak for yourself due to illness, injury, or old age. It can guide medical decisions, including what types of treatment you would be willing to receive, and at what point you would want interventions to be limited or stopped if recovery is unlikely.

What are the legal requirements of a valid will?

While rules on what constitutes a legally valid will vary by province or territory, a will is generally considered valid in Canada if it:

• Is in writing (with the exception of British Columbia)

• Is made by someone of legal age and of sound mind

• Is signed by the person making the will

• Is properly witnessed, unless an exception applies (such as a holographic will).

There are also rules about who can act as a witness and extra technical details can apply depending on the type of will and where it’s made. Because of that, it’s important that your will follows the rules where you live.

How to write your will: A step-by-step guide

If making a will feels like a lot, you’re not alone. Writing a will is usually easier if you break it down into a few manageable steps.

Step 1: Take stock of what you own — and owe

Start by listing what makes up your estate. Think about property, vehicles, bank and investment accounts, insurance, pensions, personal belongings, and digital assets (like online accounts, loyalty programs, etc.)

Outstanding debts, such as mortgages, credit cards, and loans, are typically settled as part of estate administration, so it helps to be aware of them too.

Step 2: Choose your beneficiaries

Beneficiaries can include individuals, charities, or organizations. It’s up to you! Some people also name alternate beneficiaries in case their first choice can’t inherit, or a trustee if the beneficiary is a child not of the age of majority.

Read more: What is a life insurance beneficiary?

Step 3: Decide who will handle your estate

You’ll also name someone to carry out your wishes and manage your estate after death. This role is often called an executor, though the title varies by province.

The executor can be a family member, trusted friend, or professional. What matters most is that the person is willing and able to take on the responsibility.

Read more: What is probate and how does it work?

Step 4: Make arrangements for dependents

If you have minor children or other dependents, you can express your wishes around guardianship. Without that guidance, courts may need to step in.

Step 5: Choose an approach

In general, people take one of four options:

Creating an online or DIY will

Some people use online tools or templates to create a DIY will. These options are often used for relatively simple situations and still need to meet provincial or territorial requirements — including proper signing and witnessing — to be legally valid.

Online wills platforms, such as Epilogue, offer a fast and convenient way to create a legal will. Typically, you complete the will online, print it and then have it witnesses according to provincial regulations.

Working with a lawyer

Others choose to work with an estate lawyer, particularly when their circumstances are more complex. Legal professionals can help navigate trickier issues like blended families, business ownership, or assets in multiple jurisdictions, and ensure the will meets local legal requirements.

Hybrid approach

Some people combine the two approaches — drafting a will using an online tool and have a legal professional review it for added reassurance. They may also use a notary who verify your identify, capacity to make a will and ensure your will is legally valid, based on where you live.

Step 6: Finalize your will

A will needs to be properly signed and witnessed to be legally valid. Notarization usually isn’t required, though there are exceptions.

Step 7: Store your will

A will can only serve its purpose if it can be found. Keep it somewhere secure and accessible, whether that’s at home, with a lawyer or notary, a safety deposit box at the bank, or another safe place. And don’t forget to tell your executor where it’s stored!

Step 8: Revisit your will as life changes

Wills aren’t set-and-forget documents. You should review your wills after major events — like moving, a change in family circumstances, or a financial shift — to make sure everything still lines up with your intentions.

Common mistakes to avoid

Even a simple will can run into problems if a few basics are overlooked. Common pitfalls can include:

• Letting a will go out of date, especially after major life changes.

• Not signing or witnessing the will properly, which can affect whether it’s considered valid.

• Using vague or confusing language, such as “divide everything fairly,” without explaining what that means.

• Forgetting to name backups, like alternate beneficiaries or an alternate executor.

Take the next step

Writing a will is about the mark you leave behind. It’s how you decide what matters, who matters, and how the things you’ve built and cared about carry forward.

A will puts your intentions into writing — not just about money or property, but about responsibility, fairness, and care. It helps ensure that what you leave reflects your values, and that your story doesn’t end in confusion or conflict.

Whether you choose an online option or work with a professional, taking this step is a way to be deliberate about your legacy and thoughtful about what comes next.

FAQs about making a will

Is a handwritten will legal in Canada?

A handwritten, or holographic, will is generally legal in Canada if it is written entirely by hand and signed by the person making it. However, the rules vary by province and territory, and handwritten wills may not be accepted everywhere.

Are will kits legal in Canada?

Yes, online will kits are generally legally valid, so long as they meet provincial or territorial requirements and are properly signed and witnessed.

Can I write a will without a lawyer?

Yes. A lawyer isn’t required to make a valid will, but it still needs to comply with the estate laws where you live.

How often should I update my will?

Many people review their will after major life changes, or every few years to make sure it still reflects their wishes.

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