Last Will and Testament Template
A last will and testament lets you direct how your estate is distributed, who administers it, and who cares for your minor children after your death. Our free Canadian template is drafted to meet the formal requirements of provincial wills legislation, including the Succession Law Reform Act (Ontario) and the Wills, Estates and Succession Act (British Columbia).
Specific digital asset instructions: My executor shall have access to all digital accounts. Cryptocurrency holdings to be distributed equally among my children.
What Is a Last Will and Testament?
A last will and testament is a written legal document in which a person (the testator) sets out how their property, money and personal belongings are to be distributed after their death. It also names an executor (sometimes called an estate trustee in Ontario) to administer the estate, pay debts and distribute the residue to the named beneficiaries. Without a valid will, the estate is distributed according to provincial intestacy rules, which rarely match what the deceased would have wanted.
Formal wills in common-law provinces must generally be in writing, signed at the end by the testator and witnessed by two adults present at the same time. Section 4 of the Succession Law Reform Act, R.S.O. 1990, c. S.26 sets out this test in Ontario, while section 37 of the Wills, Estates and Succession Act, S.B.C. 2009, c. 13 is the equivalent provision in British Columbia. Holograph wills (entirely in the testator’s handwriting, unwitnessed) are accepted in Ontario, Alberta, Saskatchewan and several other provinces, but not in British Columbia or Manitoba.
Canadian wills are used by adults of every age and life stage — new parents wanting to appoint a guardian for their children, homeowners protecting family property, business owners dealing with shares and blended families balancing obligations to current and former spouses. Preparing a valid will is one of the most important and cost-effective acts of estate planning a person can undertake.
What's Covered in This Template
Our last will and testament template captures the core elements required for a valid Canadian will and for a clean, low-conflict probate administration.
Testator Identification
Full legal name, date of birth and current Canadian address of the person making the will.
Revocation of Prior Wills
Express revocation of all earlier wills and codicils to avoid interpretation disputes later.
Appointment of Executor
Primary and alternate executors (estate trustees) with the authority to administer the estate.
Guardian for Minor Children
Appointment of a guardian to have custody of minor children if both parents have died.
Specific Bequests
Named gifts of money, jewellery, vehicles, real property or sentimental items to identified beneficiaries.
Residue Clause
Distribution of the remainder of the estate after debts, taxes and specific gifts are satisfied.
Alternate Beneficiaries
Gift-over provisions if a primary beneficiary predeceases the testator.
Executor Powers
Broad powers to sell, invest, retain or encumber estate assets without further consent.
Funeral and Burial Wishes
Non-binding guidance on funeral, cremation, burial or organ donation preferences.
Attestation Clause
Witness attestation block that complies with provincial execution requirements for a formal will.
How to Create a Last Will and Testament
Follow these steps to produce a signed, Canadian-compliant will from our template.
- 1
List Your Assets and Family
Take stock of real property, bank accounts, investments, vehicles and any dependants you need to provide for.
- 2
Choose Your Executor and Guardians
Pick a Canadian-resident primary executor, an alternate, and (if applicable) a guardian for minor children.
- 3
Decide Your Beneficiaries and Gifts
Set out specific bequests, then state how the residue of your estate should be divided.
- 4
Enter the Details
Complete the template fields, including full legal names and addresses for every person named.
- 5
Sign With Two Witnesses
Sign at the end of the will in the presence of two adult witnesses who are not beneficiaries and who sign in your presence.
Legal Considerations
Wills are governed primarily by provincial legislation, so the formal requirements differ across Canada.
This template is for informational purposes only and does not constitute legal advice. Consult a qualified lawyer in your province for advice specific to your situation.
Reviewed for Canadian law
Execution Requirements
Under section 4 of the Succession Law Reform Act, R.S.O. 1990, c. S.26, a formal will must be signed at the end by the testator (or by someone else in the testator’s presence and by their direction) in the presence of two witnesses, who must then both sign in the testator’s presence. Section 37 of the Wills, Estates and Succession Act, S.B.C. 2009, c. 13 imposes the same two-witness rule in British Columbia. A beneficiary or their spouse should never act as a witness — gifts to them are generally void.
Holograph Wills and Substantial Compliance
Holograph wills that are written entirely in the testator’s handwriting and signed by them are valid in Ontario (s. 6, Succession Law Reform Act), Alberta, Saskatchewan and New Brunswick, but not in British Columbia or Manitoba. Several provinces now have substantial-compliance rules that let a court recognise a defective document as a valid will; even so, meeting the formal requirements from the outset is far safer and cheaper.
Marriage, Separation and Revocation
Historically, marriage automatically revoked an earlier will in most provinces. Ontario abolished this rule for wills made on or after January 1, 2022, but it still matters for older wills. Separation and divorce can also change the effect of gifts to a former spouse under the Succession Law Reform Act and equivalent provincial statutes, so wills should be reviewed after any major family change.
Probate and Estate Administration Tax
Most wills in Ontario are probated through the Superior Court of Justice, attracting Estate Administration Tax under the Estate Administration Tax Act, 1998. British Columbia charges probate fees under the Probate Fee Act, S.B.C. 1999, c. 4. The executor is responsible for filing the deceased’s final tax return with the Canada Revenue Agency and obtaining a clearance certificate before distributing the residue.
Frequently Asked Questions
Create Your Will Today
Protect your family and your estate with a clear, Canadian-compliant last will and testament. Fill in the details, preview the document and download it as a PDF ready for signing with two witnesses.
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