How to Write a Will in Canada (2026): Costs, Options, and What Must Be In It

Roughly 50% of Canadian adults don’t have a will. The most common reason is “I’ll get to it” — followed by years of meaning to. Without a will, the provincial Intestacy Act decides who gets your assets, who raises your kids, and who manages it all. Here’s how to fix that in a weekend.

What happens if you die without a will

• The provincial Intestacy formula divides your estate. Spouse gets the first $X (varies $50K-$300K by province), kids split the rest. If you’re unmarried and have no kids: parents, then siblings, then more distant relatives.
• If you have minor kids, the courts appoint a guardian — not necessarily who you’d have chosen.
• Your estate goes through full probate (slower and more expensive than with a will).
• Common-law partners may receive nothing in some provinces unless they apply through the courts (which costs money + time).
• Any specific wishes you had (charitable gifts, sentimental items to friends, who gets the cottage) are ignored.

Your 3 main options

1. Online will platforms ($45-$250, takes ~30 minutes)

• Willful — $99-$299 depending on tier. Includes power of attorney + healthcare directive in higher tiers. Available in all provinces.
• Epilogue — $189-$299 per couple. Often considered the most user-friendly interface. Available in most provinces.
• LegalWills.ca — $45-$155. Cheapest. Less polished but legally valid.
• FormalWill — $99. Quebec-specific.

All produce legally valid wills as long as you complete the witness/signing steps correctly. Best for: straightforward estates (single-family home, RRSPs, normal bank accounts, named beneficiaries).

2. Estate lawyer ($500-$1,500 typical, $2,000-$5,000 for complex situations)

Worth it if you have ANY of: business ownership, blended family with multiple spouses’ children, property in multiple countries, disabled dependants, significant assets ($1M+), tax-minimization needs, charitable trusts, or complicated family disputes brewing.

3. Holographic will ($0 — DIY handwritten)

Some provinces (Alberta, BC, Manitoba, Newfoundland, NWT, Nunavut, Quebec, Saskatchewan, Yukon — but NOT Ontario, NB, NS, PEI) accept entirely-handwritten wills with no witnesses required. Better than nothing, but pitfalls are real (ambiguous wording, missing executor appointment, no backup signer for the executor). Use as an EMERGENCY stopgap until you can do an online will.

What every will MUST include

• Your full legal name + address + statement this is your will (“I, John Smith of 123 Main Street, declare this to be my Last Will and Testament”)
• Statement revoking all prior wills (so old wills can’t conflict)
• Executor appointment — the person who handles your estate. Plus a backup executor in case the first can’t serve.
• Guardian for minor children (and a backup). Discuss with the proposed guardian BEFORE naming them.
• How your assets are divided — either residue (“everything to my spouse”) or specific bequests (“the cottage to my daughter, $20K to my brother”).
• Signature in front of TWO witnesses (in most provinces) who aren’t beneficiaries.
• Date — when you signed it.

Witness requirements (this trips people up)

• Most provinces require 2 witnesses who are at least 18 years old.
• Witnesses CANNOT be beneficiaries or married to beneficiaries — if they are, they may lose their inheritance under the will (in most provinces).
• All 3 (you + 2 witnesses) must be physically present at the same time during signing. Quebec + BC + Ontario allow electronic witnessing in some cases since 2020.
• The witnesses sign + print their name + address.

What to do AFTER signing

• Store the original safely. Fire-resistant home safe or with your lawyer/will-storage service. NOT in a safe deposit box — those get sealed at death, creating a chicken-and-egg problem.
• Tell your executor where it is. Their job becomes impossible if they can’t find the will.
• Update beneficiary designations separately on RRSPs, TFSAs, life insurance, pension. These bypass the will + go directly to named beneficiaries — but only if the designation is current.
• Review every 3-5 years OR after major life events — marriage, divorce, new child, death of beneficiary or executor, moving provinces, significant inheritance.
• In some provinces (Ontario, Alberta), marriage AUTOMATICALLY revokes any prior will. If you marry and don’t make a new will, you’re back to intestacy.

The 4 documents you should have, not just one

• Last Will and Testament — what happens to your stuff when you die.
• Power of Attorney for Property — who handles your finances if you become incapacitated while alive.
• Power of Attorney for Personal Care (Healthcare Directive / Living Will) — medical decisions when you can’t make them.
• Beneficiary designations on RRSP/TFSA/life insurance — separate from your will.

All four are covered by Willful and Epilogue’s mid-tier packages, which is why those platforms work for most Canadians. A lawyer drafts these as a “package” too — usually $1,200-$2,000 for all four.

The most common DIY mistake

People write a will that says “everything to my spouse,” then name their kids as beneficiaries on RRSP/TFSA. The kids inherit the registered accounts (good), but at the spouse’s death the spouse owns the RRSP/TFSA which gets fully taxed (bad). Coordinating beneficiary designations with will provisions is exactly what an estate lawyer (or a good online platform with a checklist) handles correctly.