How to Sign a Will in Canada — Execution Requirements
A well-drafted will means nothing if it isn't properly executed. Canadian provincial Wills Acts specify how a will must be signed. This article covers the requirements.
The standard procedure
-
Gather two qualified witnesses. Adults, mentally competent, not benefiting from the will. Spouses of beneficiaries shouldn't witness (varies by province).
-
Bring the will and a pen. Black ink preferred.
-
Testator signs first. Sign the will (last page typically; some provinces require signature on each page) while both witnesses watch.
-
Witnesses sign in the testator's presence. Each witness signs the will and their printed name; both must do so while the testator is present and ideally while the other witness is present.
-
All on the same occasion. Should not be split across days or sessions.
-
Initial each page (recommended). Each page initialed by testator and both witnesses prevents later page substitution.
Who can witness
Required:
- Age of majority (18 or 19 depending on province)
- Mentally competent
- Not benefit from the will (no inheritance to witness or witness's spouse in most provinces)
Avoid:
- Beneficiaries of the will (their gifts may be voided)
- Spouses of beneficiaries
- Anyone with conflict of interest
- People who may not be reachable later to confirm validity
Common choices:
- Neighbours
- Colleagues
- Acquaintances who are clearly not beneficiaries
- Notaries or commissioners of oaths (added formality, optional)
What witnesses are witnessing
They witness:
- That this person (the testator) is signing the document
- That the testator appears to have capacity (alert, oriented, voluntary)
- That the testator is signing voluntarily (no apparent pressure)
They do NOT need to:
- Read the will
- Know the contents
- Understand legal terms
- Be involved in the estate planning
Provincial variations
Most Canadian common-law provinces follow similar execution rules. Specific provincial variations:
- Some provinces require witnesses to sign on the same page as testator
- Some allow electronic witnessing under specific circumstances (post-COVID changes)
- Some have specific accommodation for physical limitations
- Some require additional formality for specific situations
When in doubt, follow the strictest rules — sign on the same occasion with two adult non-beneficiary witnesses, all parties present together, all pages initialed.
What happens if execution is improper
The will may be invalid — the testator's wishes don't take effect; provincial intestacy rules govern. Specific failures:
- No witnesses or one witness — invalid in most provinces
- Witness is a beneficiary — that beneficiary's gift typically void; will may still be valid
- Witnesses not present at testator's signing — invalid
- Testator signed but witnesses didn't sign on same occasion — typically invalid
Some provinces have "substantial compliance" provisions that allow courts to validate improperly-executed wills if testator's intent was clear. Don't rely on this; execute properly.
Notarization
Not required for Canadian wills. Some testators choose to have the will notarized as additional formality (notary is the witness or notary witnesses the witnessing). Not required by law.
For international use of the will (foreign asset claims), notarization or apostille may be needed for specific jurisdictions. Discuss with the relevant party if applicable.
Storage after execution
After execution, store the will safely:
- Lawyer's office (if drafted by lawyer)
- Home safe
- Bank safe deposit box (with executor knowing how to access)
- Provincial wills notice registry (where available)
Tell the executor where the will is. They need to find it after death.
What we focus on at It's Simple Will
It's Simple Will generates the will document and provides execution instructions appropriate to the testator's province.
Related guides
Citations & sources
- [1]Canadian Bar Association — Wills, Estates and Trusts — Canadian Bar Association
- [2]CanLII — Provincial Wills Acts — CanLII
Frequently asked questions
How many witnesses are required?
Two adult witnesses in all Canadian common-law provinces. They must be of legal age, mentally competent, and not benefit from the will. Spouses of beneficiaries should also not witness (varies by province). Holograph wills (entirely handwritten) require no witnesses but only valid in some provinces.
Do witnesses need to read the will?
No. They witness that the testator is signing (and signing voluntarily, with capacity). They don't need to know the will's contents. Some testators prefer witnesses not know the contents (privacy); others let them know.
Can a beneficiary witness?
Technically yes in most provinces — but doing so typically voids that beneficiary's inheritance (the gift to them fails). The will itself remains valid; just their specific bequest is invalidated. Avoid having beneficiaries witness to prevent this.
What if the testator can't physically sign?
Provincial rules vary. Generally — testator can sign by mark (X with witness annotation), have someone else sign on their behalf in their presence and at their direction, or use specific accommodations. Check provincial requirements for specific circumstances.
Does the will need to be notarized?
No. Canadian wills don't require notarization — witnesses are sufficient. Some specific applications (international use, certain registry filings) may require notarization, but the will itself doesn't.
Should all pages be initialed?
Recommended in most provinces; required in some. Initial each page to prevent later page substitution. Final page (with signatures) doesn't need additional initials.