Do I need a lawyer to make a will in Canada?

No, but it's strongly recommended. A holograph (handwritten) will signed entirely in your own handwriting is valid in most provinces without witnesses. DIY kits and online services exist. However, a poorly drafted will can cause more problems than no will at all. For anything beyond the simplest situation, a lawyer-drafted will is worth the cost.

What is probate and when is it required?

Probate is the court process that confirms a will is valid and gives the executor authority to manage the estate. It's generally required when the deceased owned real estate or significant financial assets in their name alone. Probate fees (estate administration tax) vary by province and are based on the estate's value, ranging from flat fees to roughly 1.5%.

Wills and inheritance basics (Canada)

Q: What happens if I die without a will in Canada?

Your estate is distributed according to your province's intestacy laws. This usually means your spouse and children inherit first, but the shares and order vary by province. If you have no spouse or children, your parents inherit, then siblings. The government rarely inherits — only if no relatives can be found. Having no will also means you have no say in who administers your estate or who becomes guardian of minor children.

Plain-language guide · reviewed for general accuracy · Canada, 2026

Nobody likes thinking about death, but having a will is one of the most practical things you can do for the people you leave behind. Without one, the government decides who gets what — and the process can be slower, more expensive, and more stressful for your family. Here's what Canadian law says about wills, estates, and what happens if you don't have a plan.

1. What a will does (and doesn't) do

A will lets you name an executor — the person who manages your estate after you die — and say who gets your property and in what shares. It can also name a guardian for minor children, specify funeral wishes, and create trusts. A will does not override beneficiary designations on life insurance, RRSPs, RRIFs, TFSAs, or jointly held property with right of survivorship — those pass outside the will directly to the named beneficiary or joint owner. Understanding what passes through your will and what passes outside it is a key part of estate planning.

2. Dying without a will: intestacy rules

If you die without a valid will (intestate), your province's intestacy law determines who inherits. The general pattern across Canada: if you have a spouse and no children, your spouse gets everything. If you have a spouse and children, the spouse typically gets a preferential share (often $200,000–$350,000 depending on the province) and the rest is divided between the spouse and children. If you have no spouse or children, your parents inherit, then siblings, then more distant relatives. The Crown (government) only claims the estate if absolutely no relatives can be found. Common-law spouses are recognized in most provinces but the rules differ — some treat them like married spouses, others don't.

3. Requirements for a valid will

For a formal will to be valid, you must generally be at least the age of majority in your province (18 or 19), be of sound mind (understand what you're doing), sign the will, and have two witnesses present who also sign. The witnesses cannot be beneficiaries or a spouse of a beneficiary. Holograph wills — entirely handwritten and signed by you, with no witnesses — are valid in most provinces. Oral (nuncupative) wills are generally not valid except in very limited circumstances for members of the armed forces. A will made in another jurisdiction is usually valid in Canada if it meets that jurisdiction's requirements.

Tip: store your original will somewhere safe but accessible — a fireproof safe, your lawyer's office, or with your provincial court. Tell your executor where to find it. If no one can locate the original, there's a presumption you destroyed it and intended to revoke it.

4. The probate process

Probate is the court process that confirms the will is valid and formally gives the executor the authority to deal with banks, land titles offices, and other institutions. Whether probate is needed depends on the assets. If the deceased owned real estate in their sole name or had significant bank accounts without a named beneficiary, probate is usually required. If assets are jointly held or have designated beneficiaries, probate may be avoided. Probate fees (called estate administration tax in some provinces) vary widely: Ontario charges roughly 1.5% on estates over $50,000; Alberta caps at $525; Quebec has a flat verification process. These fees are paid from the estate before distribution.

5. Challenging a will

A will can be challenged on several grounds: the testator lacked mental capacity, was unduly influenced, the will wasn't properly executed, or the will doesn't make adequate provision for a dependant. Most provinces have legislation (often called dependants' relief) that allows a spouse or child to ask the court for support from the estate even if the will leaves them nothing. There are strict time limits for challenging a will — seek legal advice promptly if you believe you have grounds.

Common questions

What happens if I die without a will?: Your estate is distributed under provincial intestacy law — usually spouse and children first, with specific shares depending on the province. You lose all control over who gets what and who manages the process.
Can I make my own will without a lawyer?: Yes — a handwritten holograph will is valid in most provinces without witnesses. But for anything beyond the simplest situation, a lawyer-drafted will is strongly recommended to avoid costly mistakes.
What does probate cost?: Probate fees vary by province: Ontario ~1.5% on larger estates, Alberta capped at $525, BC ~1.4% on larger estates. Some assets (jointly held, with named beneficiaries) bypass probate entirely.

Tell the assistant your province and what estate planning question you have for a plain-language starting point.

This guide is general information about Canadian estate law and is not legal advice. Wills and estates law varies by province and territory. For your specific situation, consult a wills and estates lawyer in your province. A poorly drafted will can cost your estate far more than the legal fees to have it done properly.