Probating a Will With Errors in Canada — Can It Still Be Valid?

Last updated May 12, 2026 · 3 min read
Quick answer
A will with errors is not automatically void. Formal defects — a missing witness, an unsigned page — historically invalidated a will, but several provinces now let a court validate a non-compliant will if it genuinely reflects the deceased's testamentary intentions, including British Columbia under WESA and Ontario since 2022. A gift to a witness is generally void even where the will stands, and ambiguous wording is resolved by court interpretation. These court routes are costly and uncertain, so professional drafting remains the real safeguard.

The family finds the will, and then finds the problem: only one witness signed it, or a page is unsigned, or someone has crossed out a clause in pen, or the daughter who inherits the house also signed as a witness. The question that follows is the anxious one — is this will still good, or did Dad effectively die without one? The answer in Canada is more forgiving than it used to be, but it is also uncertain, province-specific, and often expensive to resolve.

This guide explains the kinds of errors a will can have, when a court can rescue a flawed one, and what an executor should and should not do. It is general information for the common-law provinces and territories, not legal advice; a flawed will is a situation to take to a lawyer.

Two kinds of error

It helps to separate two categories:

  • Formal (execution) defects — problems with how the will was signed and witnessed: too few witnesses, an unsigned page, a witness who did not see the signing.
  • Content problems — ambiguity, contradictory clauses, drafting mistakes, a beneficiary who witnessed the will, or handwritten changes added later.

They are treated quite differently, and the province matters for both.

Formal defects — and the curative power

Historically, a will that did not meet the formal signing and witnessing rules was simply invalid, sending the estate into intestacy. Many provinces have softened that. British Columbia, under WESA, allows a court to order that a record represents the deceased's testamentary intentions even if it does not comply with the formalities.[1] Ontario adopted a comparable substantial-compliance power effective January 1, 2022, letting a court validate a will that sets out the deceased's intentions despite a formal defect.[2] Other provinces vary — some have curative provisions, some remain strict.

The important caveat: these are discretionary court applications. They cost money, take time, and are not guaranteed. A curative power is a safety net, not a substitute for getting the execution right.

The beneficiary-witness problem

One of the most common DIY errors is having a beneficiary witness the will. The general rule is that the gift to that witness — and often to the witness's spouse — is void, even though the rest of the will remains valid. Some provinces give courts limited discretion to uphold the gift, but the safe rule is simple: never let anyone who inherits witness the will. See the witness-beneficiary rule.

Ambiguity, mistakes, and rectification

Where wording is unclear or contradictory, the court interprets the will to give effect to the deceased's intentions, sometimes admitting evidence of surrounding circumstances. Where a genuine drafting error means the words do not capture what the testator intended, a court may rectify the will. Both routes work, but both add cost, delay, and the risk that the court reads the document differently than the family expects.

What not to do with a flawed will

If you are an executor or family member holding a will you think is defective, two rules matter most. Do not alter it — handwritten fixes, crossings-out, or notes on a signed will are generally ineffective unless properly re-executed, and can cause partial revocation or confusion. And do not destroy it, even a flawed one, since it may still be valid or curable. Keep the original intact and take it to a lawyer before applying for probate.[3]

The real safeguard

Every route above is a repair after the fact, and repairs are expensive and uncertain. The reliable safeguard is a will executed correctly the first time — properly signed, properly witnessed by people who do not inherit, clearly worded. That is exactly where most errors are introduced and most easily avoided; see online wills versus lawyer-drafted wills for choosing an approach that fits.

What we focus on at It's Simple Will

The Will Creator is built to prevent the most common execution errors — guiding witnessing and signing so a will does not need a court's mercy later. For the foundations of a valid will, see how to write a will in Canada.

Citations & sources

  1. [1]Wills, Estates and Succession Act, SBC 2009, c 13 (incl. s 58 curative provision) — BC Laws, Government of British Columbia
  2. [2]Succession Law Reform Act, RSO 1990, c S.26 (witnessing rules; substantial compliance from 2022) — Government of Ontario
  3. [3]Apply for probate of an estate (Ontario) — Government of Ontario

Frequently asked questions

Is a will with a mistake automatically invalid?

Not necessarily. The effect depends on the type of error and the province. A small typo rarely matters; a defect in how the will was signed or witnessed is more serious. Several provinces now allow a court to validate a will that does not meet the formal requirements if it reflects the deceased's true intentions.

Can a court fix a will that wasn't signed or witnessed properly?

In some provinces, yes. British Columbia, under WESA, lets a court order that a record represents the deceased's testamentary intentions even if it does not meet the formal signing and witnessing rules. Ontario adopted a similar substantial-compliance power effective January 1, 2022. Other provinces vary, and some remain strict.

What happens if a beneficiary witnessed the will?

The gift to that witness (and often to their spouse) is generally void, even though the rest of the will can remain valid. Some provinces give courts discretion to uphold the gift in limited circumstances. This is one of the most common and avoidable DIY-will errors.

What if the wording is ambiguous or contradictory?

The court interprets the will to give effect to the deceased's intentions, sometimes considering surrounding circumstances. Where a drafting error means the words do not reflect what the testator actually intended, a court may rectify it. Both routes add cost, delay, and uncertainty to the estate.

Can I fix a signed will by writing changes on it?

Generally no, and you can make things worse. Handwritten changes, crossings-out, or notes on a signed will are usually ineffective unless re-executed with the proper formalities, and they can create confusion or partial revocation. To change a will, make a proper codicil or a new will.

What should an executor do with a flawed will?

Do not alter or destroy it. Keep the original intact and get legal advice before applying for probate. A lawyer can assess whether the defect is fatal, whether a curative or rectification application is worthwhile, and how the court is likely to treat it in your province.

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