Are Online Wills Legal in Canada?
For Canadians considering online will services, the question "is this legal?" has a precise answer. Yes — the online service produces a legal will, but (outside British Columbia) only after the user prints the document and physically signs it with two physical witnesses. The "online" part is the drafting; the legal validity comes from the execution.
The most important point
In almost every province, an online will is NOT a fully digital document. After the online service generates the will, the user must:
- Print the will on paper.
- Physically sign the printed will in ink, in person.
- Have two adult qualified witnesses physically present at the signing.
- Have both witnesses physically sign the printed will in ink, in the testator's presence.
Without these steps, the document is generally not a valid will. The online questionnaire alone produces a document that is, until properly executed, just printed instructions. This holds across Canadian common-law provinces, with two caveats. British Columbia now recognizes fully electronic wills (see below). And several provinces give courts a curative power to validate a document that misses the formalities — for example, Ontario under s. 21.1 of the Succession Law Reform Act (for deaths on or after January 1, 2022) and BC under s. 58 of the Wills, Estates and Succession Act. Those powers require a court application and are never guaranteed — execute properly rather than relying on them.
Why physical signing is required
Provincial Wills Acts were written to ensure wills reflect the testator's actual intent at the time of signing, with witnesses who can later confirm the signing happened properly. The legal framework predates digital documents and continues to require physical execution.
One province has modernized fully: British Columbia's Wills, Estates and Succession Act was amended effective December 1, 2021 to recognize electronic wills, including electronic signatures and witnessing in "electronic presence" — making BC the first Canadian jurisdiction to do so. Elsewhere, some provinces introduced temporary electronic-witnessing accommodations during the COVID-19 pandemic, but these have largely expired or remain narrow in scope. Outside BC, treat any typed will (including one produced by an online service) as requiring physical ink signatures on printed paper.
What makes a typed will legal in Canada
In every common-law Canadian province (BC's separate electronic-wills option aside), a typed will must meet these requirements:
- Written — typed or printed on paper, then printed out
- Signed by the testator — full signature in ink
- Two adult witnesses physically present at the signing
- Both witnesses physically sign in the testator's presence (and ideally in each other's presence)
- Witnesses should not benefit from the will — a gift to a witness or (in many provinces) a witness's spouse is generally void, even though the will itself usually stands
- Testator has testamentary capacity — mental capacity at the time of signing
An online service generates the document; the testator is responsible for steps 2-6.
The only exception — handwritten holograph wills
A holograph will is the main Canadian will format that does not require witnesses. It must be:
- Entirely in the testator's own handwriting — no typed portions, no preprinted form, no handwriting by another person
- Signed by the testator
Recognized in: Ontario, Alberta, Saskatchewan, Manitoba, New Brunswick, Nova Scotia (since a 2008 amendment to its Wills Act), Newfoundland and Labrador, Yukon, NWT, Nunavut.
NOT formally recognized in: British Columbia and Prince Edward Island — although BC's courts have a curative power (s. 58 of the Wills, Estates and Succession Act) that has validated handwritten documents in some cases.
Holograph wills are generally not recommended for normal planning — limited in scope, easy to get wrong, harder to administer. They exist mainly as an emergency option. See our holograph will article for the detail.
Provincial example — Alberta
In Alberta, a typed will (whether drafted by a lawyer or generated by an online service) must be physically printed and signed in front of two qualified adult witnesses, both of whom must also physically sign in the testator's presence. There is no fully electronic option for a typed Alberta will. The only Alberta will format that does not require witnesses is a handwritten holograph will entirely in the testator's own handwriting and signed.
Other provinces have substantively similar requirements with minor variations.
When online wills fit
- Straightforward estate (clear distribution to spouse/children, no complex structures)
- No business interests requiring succession planning
- No foreign assets requiring cross-border tax planning
- No blended family complications requiring careful drafting
- No special-needs beneficiaries requiring trust structures
- Total estate value modest to moderate
This covers the majority of Canadian estates. For most Canadians, online wills are entirely appropriate — as long as the physical execution is completed properly.
When lawyer-drafted wills make more sense
- Blended families with competing interests (current spouse + children from previous marriage)
- Business owners with succession planning needs
- Substantial estates with tax optimization opportunities
- Foreign assets (US property especially)
- Special-needs beneficiaries (Henson trusts)
- Complex trust structures
- Family disputes likely to lead to will challenges
Execution still requires careful attention
The most common cause of an invalid will is not poor drafting — it is improper execution. The will is signed without witnesses, signed in front of only one witness, signed by witnesses who weren't present at the testator's signing, signed by a witness who is also a beneficiary (typically voiding that gift), or never signed at all.
Online services provide execution instructions. Follow them precisely. If unsure, signing in front of a notary, lawyer, or commissioner of oaths adds clarity (though the notary's role is to confirm identity and signing, not to validate the will).
What we focus on at It's Simple Will
It's Simple Will generates Canadian-compliant wills tailored to provincial requirements. Each will comes with step-by-step physical execution instructions — print, gather witnesses, sign in ink, witnesses sign in your presence.
Related guides
Citations & sources
- [1]Canadian Bar Association — Wills, Estates and Trusts section — Canadian Bar Association
- [2]Canada.ca — Estates and wills — Government of Canada
Frequently asked questions
Is the will valid the moment I finish the online questionnaire?
No. The online service produces the will document — but that document is just paper instructions until you physically execute it. To become a legal will, you must print it on paper and sign it in person in front of two qualified adult witnesses, who must also sign in your presence. Until physical signing happens, the document is not a legal will.
Can I just e-sign the will electronically?
Generally no — with one exception. British Columbia recognizes fully electronic wills (electronic signature, with witnesses in physical or electronic presence) under amendments to its Wills, Estates and Succession Act in force since December 1, 2021. In the other provinces, Wills Acts still require physical signatures for typed wills; the temporary electronic-witnessing accommodations some provinces introduced during COVID have largely expired or remain narrow. Outside BC, treat will execution as requiring physical ink signatures on printed paper.
What makes a typed will legal in Canada?
In every common-law province (setting aside BC's separate electronic-wills option) — (1) the will is in writing (typed or printed on paper), (2) signed by the testator in ink, (3) physically witnessed by two adult witnesses who are present at the signing, (4) both witnesses physically sign in the testator's presence, and (5) the testator has testamentary capacity. Witnesses should not be beneficiaries — a gift to a witness (or, in many provinces, the witness's spouse) is generally void, though the rest of the will usually stands. An online service generates the document; the user is responsible for proper execution.
What about a handwritten will?
A handwritten will (called a holograph will) is the main Canadian will format that does NOT require witnesses. It must be entirely in the testator's own handwriting (typed portions invalidate it) and signed by the testator. Recognized in Ontario, Alberta, Saskatchewan, Manitoba, New Brunswick, Nova Scotia (since a 2008 amendment), Newfoundland and Labrador, Yukon, NWT, and Nunavut. NOT formally recognized in BC or PEI, although BC courts have a curative power that can validate a non-compliant document in some cases. Generally not recommended for normal planning; see our holograph will article.
What are the limitations of online wills?
The structured questionnaires may not capture complex situations — blended families with competing interests, business succession planning, foreign assets requiring cross-border tax planning, substantial estates with tax optimization opportunities, complex trust structures, special-needs beneficiaries (Henson trusts). For these, a lawyer-drafted will typically works better. For straightforward estates, online services are generally appropriate.
When should I use a lawyer instead?
Specific situations — blended families with competing interests, business owners with succession concerns, foreign assets requiring cross-border tax planning, substantial estates with optimization opportunities, special-needs beneficiaries requiring Henson trusts, complex trust structures, family disputes that may lead to challenges. For straightforward estates with clear distribution, online wills are typically appropriate.