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How to Make a Will in Canada 2026: Costs, Options & Step-by-Step Guide

Updated

More than half of Canadian adults don’t have a will — and dying without one means your province decides who gets your assets, who manages your estate, and (most critically) who raises your minor children. A basic will through an online service like Willful or Epilogue costs $99–$250, includes powers of attorney in most packages, and takes under an hour to complete. For straightforward estates (a home, some investments, clear beneficiaries), this is genuinely good enough.

A lawyer-drafted will ($300–$1,500) becomes worth the cost when you own a business, have a blended family, hold real estate in multiple provinces, or need a special-needs trust for a disabled beneficiary. Marriage automatically revokes existing wills in most provinces, so creating a new will immediately after the wedding is essential — not updating could leave your spouse navigating intestacy rules that may allocate assets differently than you’d expect. Whatever route you choose, keep beneficiary designations on your RRSP, TFSA, and life insurance up to date, since they override your will.

Why You Need a Will

What a Will Does

PurposeDetails
Names beneficiariesWho gets your assets
Appoints executorWho manages your estate
GuardianshipWho cares for minor children
Specific bequestsSentimental items, charities
Reduces conflictClear instructions

Without a Will (Intestate)

ProblemConsequence
Provincial rules applyNot your wishes
Longer processCourt involvement
Higher costsLegal fees, bonds
Family conflictPotential disputes
No guardian choiceCourt decides for kids

How to Make a Valid Will

RequirementDetails
Age18+ (some exceptions)
Mental capacitySound mind
WrittenNot oral (usually)
SignedBy you
Witnessed2 witnesses (most provinces)

Witness Requirements

RuleDetails
Number2 witnesses
Age18+
Not beneficiariesCan’t inherit under will
Not spouse of beneficiaryAlso excluded
Present togetherWatch you sign

Options for Creating a Will

DIY Will Kits

Cost$30-$100
ProsCheapest option
ConsEasy to make mistakes
Best forVery simple estates
ProvidersStaples, bookstores

Online Will Services

ServiceCostFeatures
Willful$99-$189Guided process
Epilogue$139-$249Lawyer-reviewed
LegalWills$40-$100Simple option

| Pros | Guided, affordable | | Cons | Limited customization | | Best for | Straightforward situations |

Lawyer-Drafted

ComplexityCost
Simple will$300-$700
Mirror wills (couple)$500-$1,000
Complex estate$1,000-$3,000+

| Pros | Personalized, legally sound | | Cons | More expensive | | Best for | Complex situations |

When to Use a Lawyer

SituationWhy Lawyer
Business ownershipComplex structures
Blended familyMultiple beneficiaries
Real estate in multiple provincesJurisdictional issues
Disabled beneficiarySpecial needs trust
Complex assetsInvestments, property
Previous divorceEnsure valid

Key Components of a Will

Essential Elements

ComponentPurpose
DeclarationStates it’s your will
RevocationCancels previous wills
Executor appointmentWho manages estate
BeneficiariesWho inherits what
Residue clauseEverything else
SignatureYour signature
Witness signaturesTheir signatures

Executor Selection

Good ExecutorTraits
TrustworthyHonest person
OrganizedCan handle paperwork
AvailableTime to manage
WillingHas agreed to serve
Financially stableWon’t be tempted

What to Include

Asset TypeExamples
Real estateHome, cottage
Bank accountsSavings, chequing
InvestmentsRRSP, TFSA, non-registered
Personal propertyJewelry, vehicles, art
Digital assetsAccounts, crypto
Business interestsShares, ownership

Provincial Differences

Witness Requirements

ProvinceWitnesses
Most provinces2 required
Quebec (notarial)Notary + 1 witness

Holographic (Handwritten) Wills

RecognizedProvince
YesAB, SK, MB, ON, QC, NB, NS, NL
NoBC, PEI

Marriage and Wills

ProvinceEffect of Marriage
Most provincesRevokes existing will
BC, ABDoes not revoke
QuebecDoes not revoke

Updating Your Will

When to Update

Life EventAction Needed
MarriageNew will usually
DivorceUpdate (may partially revoke)
Children bornAdd as beneficiaries
Death of beneficiaryUpdate beneficiaries
Major asset changeUpdate bequests
Executor can’t serveName new executor
Move provincesReview validity

How to Update

MethodWhen Appropriate
CodicilSmall changes
New willMajor changes
Review every 3-5 yearsBest practice

Intestate Succession

What Happens Without a Will

Ontario Example

SituationDistribution
Spouse, no childrenSpouse gets all
Spouse + childrenSpouse: first $350K + share
Children, no spouseChildren equally
No spouse or childrenParents, then siblings

BC Example

SituationDistribution
Spouse, no childrenSpouse gets all
Spouse + children (from both)Spouse gets first $300K + 50%
Spouse + children (other)Spouse gets first $150K + 50%

Problems with Intestacy

IssueImpact
Common-law spouseMay get nothing (varies)
StepchildrenNot recognized
CharitiesWon’t receive anything
FriendsWon’t inherit
Assets to minorsCourt-managed

Beyond the Will

Also Consider

DocumentPurpose
Power of Attorney (financial)Manage finances if incapacitated
Power of Attorney (medical)Healthcare decisions
Beneficiary designationsRRSP, TFSA, insurance

Beneficiary Designations

Override Will
RRSP/RRIFYes
TFSAYes
Life insuranceYes
Joint accountsYes (survivorship)

Important: Keep beneficiary designations updated and consistent with your will.

Storage and Access

Where to Keep Your Will

LocationPros/Cons
Safe deposit boxSecure but may be sealed on death
Home safeAccessible but less secure
Lawyer’s officeProfessional storage
Courts registrySome provinces offer
Executor’s copyEnsure they have one

Tell Your Executor

They Should Know
Will locationWhere to find it
Lawyer contactIf applicable
List of assetsMakes job easier
PasswordsDigital access

The Bottom Line

Get a will done this month — even a $99 online will is infinitely better than dying intestate. Name a guardian for minor children, appoint an executor who knows where to find the document, and set up powers of attorney for finances and healthcare while you’re at it. Review after every major life event (marriage, divorce, new child, home purchase, province move) and make sure your beneficiary designations on registered accounts match your will’s intentions.