How to Write a Valid Will in Prince Edward Island

A 54-year-old retired teacher in Summerside signs a will on a Tuesday afternoon at her dining-room table. She has typed the document, printed it, and arranged for two adult neighbours to come over after their work shifts. All three sit at the table while she signs at the foot of the document; the neighbours sign immediately after in her presence and each other's presence. Neither neighbour is named in the will. Neither is married to anyone named in the will. The will is valid under Prince Edward Island's Probate Act, which consolidates wills validity rules and probate procedure in a single statute. Eleven years later when she dies, probate at the Estates Section of the Supreme Court of PEI takes fourteen weeks from filing to grant.

Prince Edward Island's approach to wills is distinctive in one structural way — both the formal-validity rules for wills and the procedural rules for probate sit inside the same Probate Act (RSPEI 1988, c P-21), rather than being split into a separate Wills Act and Probate Act as in most other Canadian common-law provinces. The practical effect on testators is small; the substantive requirements are similar to other Maritime jurisdictions.

This guide walks through what the PEI statute requires and the choices it leaves to the testator.

What the PEI Probate Act requires #

A formal PEI will is valid when:^[1]

• The testator is at least 18. PEI's threshold is lower than the 19 floor used in NB, NS, NL, and BC. (The Act only invalidates the will of an unmarried minor — a married person under 18 can still make a valid will.)
• The will is in writing. Typed or handwritten is fine; oral wills are not valid.
• The testator signs at the end of the will, or acknowledges a previously made signature in front of the witnesses.
• Two witnesses are present at the same time when the testator signs (or acknowledges). Both witnesses must then sign in the testator's presence.

A will that meets these requirements is "formally valid." A will that fails any of them is generally not valid unless it qualifies as a holograph (and PEI's holograph provisions are narrow, see below).

The narrow holograph exception in PEI #

Unlike Ontario, Alberta, Saskatchewan, Manitoba, New Brunswick, and several other Canadian common-law provinces, PEI does not provide a general civilian holograph-will option. The Probate Act recognizes holograph wills only for:^[1]

• Members of the Canadian Forces on active service (the "military will" provision)
• Sailors at sea (the historical "mariner's will" provision)

For a civilian PEI resident, a handwritten unwitnessed will is not generally a valid will. This is a meaningful difference from neighbouring provinces. A retired teacher in Summerside cannot rely on a holograph; she needs the two-witness ceremony.

The witness rules — the most common defect #

Beneficiary-witness mistakes account for a meaningful share of PEI will challenges. The Probate Act voids gifts to a witness or to the witness's spouse — the will itself remains valid, but the specific gift fails.^[1]

A simple rule that prevents this — neither witness should be named anywhere in the will, and neither witness should be married to anyone named in the will. The safest witnesses are neutral adults — neighbours, work colleagues, lawyers' staff — who have no inheritance interest.

Two further witness rules:

• Witnesses must be mentally competent at the time of signing.
• Witnesses must be present together when the testator signs — they cannot witness sequentially.

Marriage, divorce, and the PEI will #

Marriage. Under the Probate Act, marriage generally revokes a prior will unless the will was specifically made in contemplation of that marriage and states so on its face. PEI has retained the historical Canadian default — Ontario abolished this rule in 2022 but PEI has not. Treat any prior will as gone after marriage; write a new one or confirm with a codicil that addresses the marriage.

Divorce. Divorce affects gifts to a former spouse and the appointment of a former spouse as executor — these are generally treated as if the former spouse predeceased the testator, unless a contrary intention appears in the will.^[1] The will remains valid; only the spouse-specific provisions are revoked.

Separation. Separation alone (without divorce) does not automatically revoke spousal gifts. Until the divorce is finalized, the spouse remains a beneficiary if named.

Choosing an executor in PEI #

The executor is the person named in the will who administers the estate. In PEI, the executor's role tracks the general Canadian common-law pattern — gather assets, pay debts, file tax returns, distribute the residue. Probate is granted by the Estates Section of the Supreme Court of Prince Edward Island under Rule 65 of the Rules of Civil Procedure.^[3]

Executor choices that work well in PEI:

• A family member or friend with administrative competence. The most common pattern.
• A trust company for larger or more complex estates. Available but more expensive.
• Co-executors. Two people who must act jointly. Useful where no single person has the right combination of skills, but requires unanimous decisions.

Always name an alternate executor. If your sole named executor cannot act, the court appoints an administrator instead, and that person may not be who you would have chosen.

What happens if you die without a PEI will #

PEI's Probate Act sets out the intestacy framework alongside its will-validity rules. The general distribution:

• Spouse and no children. Spouse takes the entire estate.
• Spouse and children. Spouse receives a preferential share plus a portion of the remainder; the children share the rest.
• Children and no spouse. Children share equally.
• No spouse or children. The estate flows up to parents, then siblings, then more distant relatives.
• No identifiable heirs. The estate escheats to the Crown.

Common-law partners have historically had narrower statutory recognition in PEI than in BC or Saskatchewan. A will remains the most reliable way to leave property to a common-law partner.

Probate fees and timeline #

Probate fees in PEI are set out in regulation and tiered by estate value. PEI's regime is generally modest — substantially lower than the percentage-based fees in Ontario or Nova Scotia. The probate fee calculator carries the current PEI scale and a comparison with other provinces.

Probate timelines in PEI generally run 8-16 weeks from filing to grant for a straightforward estate, longer where there are challenges, gaps in the will, or assets located outside the province.

Powers of attorney — the companion documents #

A complete PEI estate plan typically includes:

• Power of attorney for property (Powers of Attorney and Personal Directives Act). In force since November 1, 2025, replacing the former Powers of Attorney Act. Governs financial decisions — and, under the same Act, personal (non-medical) decisions — during incapacity.
• Health care directive (Consent to Treatment and Health Care Directives Act). Governs healthcare decisions during incapacity; unaffected by the 2025 change above.

These are not part of the will but are usually drafted alongside it. They address what happens during incapacity (rather than at death).

A simple PEI will checklist #

For a competent adult PEI resident with a moderate estate:

1. Confirm you are 18 or older.
2. Identify the executor and alternate executor.
3. Decide the residue beneficiary and any specific bequests.
4. If you have minor children, identify guardians.
5. Print the will (handwriting alone, without witnesses, is not valid for civilians in PEI).
6. Find two qualified witnesses — adults, mentally competent, not beneficiaries, not spouses of beneficiaries.
7. Sign at the end of the will in the witnesses' joint presence; have them sign in your presence.
8. Tell the executor where the original is stored.
9. Update beneficiary designations on registered accounts and life insurance to align.
10. Schedule a review every 3-5 years or after any major life event.

What we focus on at It's Simple Will #

It's Simple Will produces wills that meet the formal-validity requirements of the PEI Probate Act — adult testator, two witnesses present, signed at the end — and walks the user through the choices the statute leaves to them (executor, residue, guardians, specific gifts). The output is province-tagged so the witnessing instructions and ancillary documents reflect PEI practice rather than a generic template.

Our pillar on how to write a will in Canada covers the general drafting decisions; witnessing a will drills into the witness rules. The dying without a will in Canada article walks through what happens under each province's intestacy formula, including PEI.

Start at app.itssimplewill.ca. The questionnaire takes 20-40 minutes for a straightforward PEI estate.