How to Write a Will in Nova Scotia
Writing a Will in Nova Scotia follows the Wills Act (RSNS 1989, c 505). This guide covers the practical execution requirements and Nova Scotia-specific considerations.
Governing statute
Wills Act, RSNS 1989, c 505
As amended (notably by 2006, c. 49). Available at CanLII and Nova Scotia Legislature.
Follows the pattern of other Canadian common-law provinces.
Age
The testator must be at least 19 — the age of majority in Nova Scotia. A person under 19 can still make a valid Will if they are or have been married. Outside that exception, a Will signed by someone under 19 generally has no legal effect.
Formal Will requirements
1. Signature at the end
The Will must be signed at the end by the testator (or by another person in the testator's presence and at the testator's direction).
The signature should be at or near the end of the substantive provisions.
2. Two witnesses present at the same time
The signature must be made or acknowledged in the presence of two or more witnesses, both present at the same time.
Common error to avoid: sequential witnessing (witnesses signing on different days) is invalid.
3. Witnesses attest and subscribe
Both witnesses must attest and subscribe the Will in the presence of the testator. No particular form of attestation is required, but standard attestation clauses are commonly used.
Holograph Wills
A holograph Will is valid in Nova Scotia if:
- Wholly in the testator's own handwriting
- Signed by the testator
No witnesses required. The entire document must be in the testator's handwriting; mixed typed and handwritten does not qualify as a holograph.
Who can be a witness
Generally: Adults with capacity who are not beneficiaries or spouses of beneficiaries.
If beneficiary witnesses: The gift to that beneficiary (or their spouse) is generally void, though the rest of the Will remains valid. There is a narrow exception where two other competent witnesses also signed the Will — in that case the gift is not void — but this is not something to plan around.
Best practice: Use independent witnesses — neighbours, colleagues, friends not named in the Will, professionals.
Marriage and divorce
Marriage generally revokes a prior Will unless it was made in contemplation of that specific marriage and says so on its face. Treat a Will made before marrying as gone; write a new one or confirm the old one addresses the marriage.
Divorce does not revoke the whole Will, but a gift or appointment (executor, trustee) in favour of a former spouse is read as if that spouse had predeceased the testator, so the rest of the Will remains in force. Update the Will after a divorce if you want a different result.
Nova Scotia probate
Probate in Nova Scotia is administered under the Probate Act (Chapter 31 of the Acts of 2000), available at Nova Scotia Legislature.
Probate fees in Nova Scotia are modest compared to high-fee provinces like Ontario. Specific to estate value.
Procedures through Nova Scotia Probate Court.
Nova Scotia-specific considerations
International Wills
Nova Scotia has the International Wills Act, implementing the UNIDROIT convention on international Wills. This is a specific format meeting international standards. Available at Nova Scotia Legislature.
Useful for testators with multi-jurisdictional concerns; not necessary for typical Nova Scotia residents.
Common-law spouse rights
Specific to Nova Scotia family law and intestacy. Common-law spouses have specific rights under provincial law; specific to circumstances and length of relationship.
Curative provisions
Nova Scotia's substantial compliance provisions are more limited than BC's section 58 WESA or Ontario's section 21.1 SLRA. Strict formal compliance is the better practice.
Common Nova Scotia Will components
- Testator identification
- Revocation clause
- Executor appointment (and backup)
- Guardian appointment if minor children (and backup)
- Specific bequests
- Residue clause
- Powers of executor
- Severability clause
- Funeral preferences (optional)
- Signing and witnessing
- Affidavit of execution (optional, simplifies probate)
Common errors
Witnesses not present at same time. Invalid execution.
Beneficiary as witness. Gift to beneficiary-witness is void.
Holograph with typed portions. Doesn't qualify as a holograph.
Missing residue clause. Most common DIY error.
Old Will from before major life event. Most warrant update.
What we focus on at It's Simple Will
The Will Creator handles Nova Scotia Wills following the Wills Act requirements. The platform walks through the signing instructions specific to Nova Scotia.
Related guides
Citations & sources
- [1]Wills Act, RSNS 1989, c 505 — Government of Nova Scotia / CanLII
- [2]Nova Scotia Legislature — Wills Act (PDF) — Nova Scotia Legislature
- [3]Probate Act, Chapter 31 of the Acts of 2000 — Nova Scotia Legislature
Frequently asked questions
What's the governing statute?
The Wills Act, RSNS 1989, c 505 (as amended, notably by 2006, c. 49). Available at CanLII and through Nova Scotia Legislature. Closely follows the pattern of other Canadian common-law provinces.
How old do I have to be to make a valid Will in Nova Scotia?
Nineteen — the age of majority in Nova Scotia. A person under 19 can still make a valid Will if they are or have been married, following the same narrow exception used across most Canadian common-law provinces. Outside that exception, the typical valid testator is 19 or older.
Does marriage or divorce affect a Nova Scotia Will?
Yes to both, and differently. Marriage generally revokes a prior Will unless it was made in contemplation of that specific marriage and says so. Divorce works differently — it doesn't revoke the whole Will, but any gift or appointment in favour of a former spouse is read as if that spouse had died before the testator, so the rest of the Will stands. Review your Will after either event.
How do I make a formal Nova Scotia Will?
Must be signed at the end by the testator (or by another in the testator's presence and at the testator's direction). Signature must be made or acknowledged in the presence of two or more witnesses present at the same time. Both witnesses must attest and subscribe the Will in the presence of the testator. No particular form of attestation is required.
Are holograph Wills valid in Nova Scotia?
Yes. A Will is valid if it is wholly in the testator's own handwriting and signed by the testator. Holograph Wills do not require witness signatures. Must be entirely in the testator's handwriting (typed portions disqualify it as a holograph).
Who can be a witness?
Adults with capacity. Witnesses generally cannot be beneficiaries or spouses of beneficiaries — if they are, the gift to that beneficiary is generally void. Use independent witnesses (neighbours, colleagues, professionals).
What about probate in Nova Scotia?
Nova Scotia's Probate Act (Chapter 31 of the Acts of 2000) administers probate. Probate fees are modest compared to Ontario. Specific procedures through Probate Court.
Does Nova Scotia have substantial compliance provisions?
Nova Scotia's Wills Act has some provisions for curative validation but they are more limited than BC's section 58 WESA or Ontario's section 21.1 SLRA. Specific to circumstances. Best practice is strict formal compliance.