Does a will have to be notarized to be legal in Canada?
Asked by: Taryn Weissnat IV | Last update: August 26, 2025Score: 5/5 (42 votes)
In Canada, notarization of a will is not legally required for validity. The validity of a will depends on criteria like age, mental capacity, and presence of witnesses. Notarial wills are common in Quebec and exempt from probate, but not mandatory elsewhere.
Does a will in Canada need to be notarized?
You do not need to have your last will and testament notarized for it to be legal. It is a common misconception that you need a lawyer or a notary to make a legally-valid will in Canada. However, this is not true. As long as you meet the requirements, your documents will be legally-binding.
What makes a will legally binding in Canada?
Formal, Attested, or Notarial Wills in Canada
While its name may vary in every province, some common requirements to make it valid and legal are the following: It must be written. It must be stored in its physical form. It must be witnessed by at least two people who are of legal age and are of sound mind.
What makes a will invalid in Canada?
According to Canadian law, a person must be of sound mind when making a will. They must be aware of their assets, the potential beneficiaries, and the implications of their decisions. If a person is found to lack testamentary capacity, their will may be considered invalid.
Is a US will valid in Canada?
Many jurisdictions, such as Ontario, have statutory provisions that recognize foreign wills so long as they complied with the laws where they were entered. However, this isn't universally true. In other words, a foreign will may be required to deal with foreign property.
What Makes A Will Legal In Canada | Willful
Do I need to register my will in Canada?
With the exception of British Columbia and Québec, all wills in Canada are registered with the Canada Will Registry. In British Columbia wills are registered with the Vital Statistics Agency, and wills from Québec are registered by notaries.
Can a handwritten will be legal in Canada?
A handwritten will or a holographic will is considered to be legal in many provinces in Canada. The only prerequisite for the court to accept a handwritten will is that the testator should write the will in his own handwriting and sign it.
Is a photocopy of a will valid in Canada?
Only the original signed physical copy of your will is legally valid.
Can I write my own will in Canada?
In Canada, you can write a will yourself, with a lawyer, using a will kit or with an online will service. The options are endless and it can seem... daunting.
Can you write your will on a piece of paper?
Yes, in California, a will can be either typewritten or handwritten. However, we recommend typing your will so that there are no questions about what you intended to write. Sometimes handwriting can be challenging to read, and when you type a will, there will be no question about the words on the page.
Do all wills have to go through probate in Canada?
Not every will needs to be probated in Canada. Your will will likely need to go through probate if: You own property (a home) A bank or other third party requires a grant of probate for assets over a certain dollar amount.
What happens to a bank account when someone dies without a will in Canada?
When a person dies without a will, the provincial government gets to decide who gets the money in your bank account. Provincial governments will often prioritize immediate family members or blood relatives of the deceased person, which can leave common-law partners with nothing.
Who keeps the original copy of a will in Canada?
Keeping your original Will with your lawyer significantly reduces the risk that the Will is lost and/or is accidentally destroyed. This way, you can still keep a copy of the Will with your personal records, knowing that the original is safe and sound with your lawyer.
Do you need a witness for a will in Canada?
A Will must be printed, signed, and witnessed for it to be valid in almost all provinces in Canada. It doesn't take much to make a Will valid in Canada. In almost all provinces, all you have to do is make sure it's printed and in a physical form, dated, signed by the Will-maker, and witnessed by two witnesses.
Does a notarized will need to be probated?
A notarized will does not need to be probated. WHY PROBATE A WILL THAT IS NOT NOTARIZED? When a person dies leaving behind a will that is not notarized, the law requires that its validity be ascertained by a notary or by a court.
Is a notarized document legally binding in Canada?
Legal Requirement
For some transactions, the law mandates the notarization of documents. This includes documents such as the affidavit of execution for a will, property transfer documents, separation agreements and more. Notarization ensures these documents are enforceable in court, should disputes arise.
Do I need a lawyer for a will in Canada?
When you've put all your final wishes into your Will, it's ready to be printed and signed. Making sure your Will is legal is pretty simple and doesn't require the help of a lawyer or notary. In most provinces, all you have to do is: Print your Will (you need a physical, paper copy)
How much does a simple will cost in Canada?
If you have a complex estate or would like to make custom clauses in your will, a lawyer may charge you around $1,000. 🇨🇦 Across the country The average cost for a simple will made with a lawyer in Canada is $624. Complex wills drafted by a lawyer cost an average of $2,242 per person.
Can I write a will without a lawyer?
You can write a perfectly legal will on your own, without a lawyer, in every state. But should you? Lorelei Laird is a Los Angeles-based writer specializing in the law. Her stories have been published by the ABA Journal, Slate, California Lawyer, American Lawyer Media, and more.
Who keeps the original copy of a will?
Safekeeping by the Testator. While it's common for the executor to hold the original will, some individuals prefer to keep the original will in a safe place themselves. This can be a safe deposit box, a fireproof safe at home, or with an attorney.
How do I make a valid will in Canada?
Online wills are legal in all provinces and territories across Canada. However, in order to ensure your last will and testament is legally binding, you must be the age of majority in your province or territory and the will must be printed (except in British Columbia) and signed in wet ink by yourself and two witnesses.
Can a house stay in a deceased person's name in Ontario?
A home will only be part of an estate if it is solely owned by the deceased in their own name or it was owned by the deceased as a tenant in common with one or more people. If it is the latter situation, the only portion of the property that forms part of the estate is the deceased's interest.
Does a written letter count as a will?
In California probate, there are several requirements for a will to be valid: The author (or testator) must be at least 18 years old. The will must be handwritten. After it is handwritten it is then called a holographic will, dated and signed by the testator.
Are online wills valid in Canada?
Yes! An online will made with a platform like Willful is 100% legal in Canada. However, there are some steps that need to be taken in order for it to meet the criteria for a legal will in Canada.
Are free will kits legal?
Is a will from FreeWill legally valid? Yes. As soon as you print out your will, and sign it in front of two witnesses, it is a valid legal document.