What is a Last Will and Testament?

A Last Will and Testament is a legal document that explains what should happen to your money, property, and the rest of your estate when you pass. It also lets you choose a legal guardian for your children and dependents, and name an executor to ensure your wishes are carried out. 

Probate courts and executors use your Last Will as a legal guide to settle debts and allocate assets the way you planned. You can include clear instructions about who should receive your money, property, or donations to charities and organizations. 

Key parties in a Last Will and Testament

1. Testator: The person who creates the Will. Their estate is distributed based on its terms after they pass away.
2. Executor: The individual (or professional) responsible for administering the Will and ensuring your instructions are followed.
3. Beneficiary: Anyone named to receive assets from your estate. You can include multiple beneficiaries and decide how your property is divided.

What are the requirements for a Will to be valid in Canada?

Each Canadian province and territory has its own rules for what makes a Will legally valid.

Generally, a valid Will needs to be:

• Signed by the testator (an adult with legal capacity) in front of witnesses

• Signed by two witnesses, who are also adults with legal capacity

Most provinces also recognize holographic (handwritten) or electronic Wills, but these may face extra review during probate and often lack the detail of a formal, typed document.

Some provinces also recognize electronic wills, but these may require additional technical safeguards for valid electronic signing and storage. 

LawDepot’s Last Will and Testament template helps ensure you include all the details needed for a comprehensive document that meets legal requirements in your jurisdiction.

When do I need a Last Will and Testament?

Given life's unpredictability, there's little reason to wait to make your Will. Putting one in place now ensures that your estate is managed according to your wishes and not your jurisdiction's default inheritance laws. 

You should create or update your Will if you:

• Get married, have children, or separate from a spouse

• Have a high-risk or dangerous job

• Travel frequently

Writing your Will early ensures your loved ones are protected, and your final wishes are clear. Research from the Angus Reid Institute shows that half of Canadians don’t have a Last Will and Testament in place, including one in five aged 55 and older.

What happens if I or a loved one passes without a Will?

If you or a loved one passes away without a Last Will and Testament, it is known as dying intestate. The intestate process generally takes longer and costs your loved ones more, as without a Will, the court must appoint an administrator to manage the estate if no one was originally designated. 

In these situations, each province and territory has its own laws to determine how your estate is distributed, who inherits your assets, and who manages your affairs. For example:

In Alberta:

The Wills and Succession Act and the Estate Administration Act outline how property is distributed upon a person's death. If there is no Will, the estate typically goes first to a spouse or adult interdependent partner, then to any children or relatives.

In Ontario:

Intestate estates in Ontario are governed by the Succession Law Reform Act and follow a similar order of distribution for estate assets as in Alberta. Residents can find detailed guidance in the Administering Estates resource from the Government of Ontario.

Who can I appoint as my executor?

Every Will needs an executor—someone you trust to manage your estate and carry out your instructions. 

Executors must be adults and legally qualified. Some provinces restrict non‑residents or those with criminal convictions. You can name one or more executors, as well as an alternate if needed.

Choose a reliable person who is willing to take on the role, such as your spouse, a family member, a friend, or a professional advisor. It’s important to discuss the role with your potential executor, as administering a will comes with significant legal responsibility. 

Executor duties may include:

• Distributing assets to beneficiaries

• Paying debts and collecting money owed

• Filing legal and tax documents

• Managing a business or other assets

LawDepot’s template makes naming your executor simple. Learn more about what an executor does and why they’re important. 

Does a Last Will and Testament need to be notarized?

Notarization is not required for your Will to be valid in Canada. 

However, probate courts may request an Affidavit of Execution, which LawDepot includes in your Last Will and Testament template. This document does require a Notary Public or Commissioner for Oaths to witness and sign. 

The purpose of the Affidavit of Execution is to:

• Act as further evidence of the testator’s intent to create the Will
• Help verify the identities and signatures of the testator and witnesses
• Avoid the need for witnesses to testify in probate court

Where should I keep my Will?

Storing your Will safely and making it easy to find is just as important as creating it.

If your executor can’t locate the original document, your estate could face delays, extra costs, or the risks of your wishes not being carried out as intended.

Use these quick tips for safe Last Will and Testament storage:

• Keep your Will in a secure location, like a safety deposit box

• Ensure your executor can access it when needed

• Leave clear instructions about where to find the original copy of your Will, as the originals must be presented in probate court