How to Write a Will in Saskatchewan
Writing a Will in Saskatchewan follows The Wills Act, 1996 (in force since 1997). This guide covers the practical requirements for valid execution.
Governing statute
The Wills Act, 1996, SS 1996, c W-14.1
In force since 1997, with subsequent amendments including changes in 2020 and 2022 to address electronic witnessing and other modernizations.
Available on CanLII and through the Saskatchewan Publications Centre.
Who can make a Will (age and capacity)
The testator must be at least 18. Two exceptions apply under The Wills Act, 1996:
- Married or cohabiting minors. A Will made by a person who is or was married, or in a spousal relationship, is not invalid just because that person was under 18.
- Armed forces members and sailors. A member of the armed forces in actual service, or a sailor in the course of a voyage, may make a valid Will (including a holograph Will) while under 18.
Outside these exceptions, a Will made by a person under 18 is not valid.
Formal Will requirements
For a standard typed Saskatchewan Will:
1. Written form
The Will must be in writing — typed, printed, or handwritten. Oral Wills aren't recognized except in very specific military circumstances.
2. Signature by testator
The testator signs at the end of the Will. The signature should be at or near the end of the substantive provisions.
Alternative: Another person may sign in the testator's presence at the testator's direction (e.g., if the testator physically cannot sign). The Will must clearly indicate this and the substitute signer's identity.
3. Witnesses present at the same time
Two or more witnesses must be present together when the testator signs. The signature must be made or acknowledged in the presence of both witnesses, both present at the same time.
Common error: Sequential witnessing (one witness on Monday, another on Tuesday) is NOT valid. Both witnesses must witness together.
4. Witnesses attest and sign
The witnesses attest and sign the Will (or acknowledge their signatures) in the presence of the testator. No specific form of attestation language is required, but standard attestation clauses are commonly used.
Holograph Wills
A holograph Will is valid in Saskatchewan if:
- Wholly in the testator's own handwriting
- Signed by the testator
No witnesses required. No further formality required.
Key requirements:
- Entirely handwritten by the testator (typed portions disqualify it)
- Signed by the testator (typically at the end)
- Must show testamentary intent
Limitations:
- More vulnerable to challenge (no witnesses to attest capacity)
- Risk of ambiguous wording
- Often missing key provisions (residue clause, executor, guardian)
- Generally not recommended as a primary Will
Electronic witnessing
Saskatchewan permits electronic witnessing under specific conditions.
Requirements:
- At least one of the witnesses is a Saskatchewan lawyer
- The lawyer takes all reasonable steps by electronic means to verify the testator's identity
- The lawyer confirms the contents of the Will
- The lawyer complies with all Law Society of Saskatchewan requirements for electronic witnessing
Practical: Most Wills are witnessed in person; electronic witnessing was introduced largely in response to pandemic-era needs and continues for specific scenarios (remote testator, accessibility needs).
Who can be a witness
Generally: Adults with capacity who are not beneficiaries or spouses of beneficiaries.
Cannot be witnesses (without consequence):
- Beneficiaries named in the Will
- Spouses or common-law partners of beneficiaries
- The executor (in some cases, though executor witnessing is sometimes permitted)
If beneficiary witnesses: The gift to that beneficiary is generally void in Saskatchewan; the Will remains otherwise valid. This is the most common Will execution error.
Best practice: Independent witnesses — neighbours, colleagues, friends not named in the Will, professionals.
Marriage, divorce, and revocation
Saskatchewan is different from the historical Canadian default here: marriage no longer revokes an existing Will. The Legislature repealed the automatic-revocation-by-marriage rule effective March 16, 2020. A Will made before marrying (or before starting a spousal relationship) on or after that date remains valid on its own terms.
The catch — this is not retroactive. If the testator married, or began a spousal relationship, before March 16, 2020, the old rule still applies to that event: the earlier Will was automatically revoked at the time of that marriage, and the 2020 amendment does not revive it. A Saskatchewan court has confirmed this reading. Anyone in that position should treat a pre-2020 Will as likely revoked and make a new one rather than assume the amendment fixed it.
Divorce works differently. If the testator's marriage ends in divorce or is declared void, or a common-law relationship ends after the couple has lived separate and apart for the statutory period, any gift, executor appointment, or power given to the former spouse in the Will is revoked — the Will is read as if the former spouse died before the testator, unless the Will expressly says otherwise. The rest of the Will remains valid.
What the Saskatchewan Will should include
Standard Saskatchewan Will components:
- Identification of testator (full legal name, address)
- Revocation clause (revokes prior Wills)
- Executor appointment (and backup)
- Guardian appointment if minor children (and backup)
- Specific bequests if any
- Residue clause (catches everything not specifically gifted)
- Powers of executor
- Severability clause
- Funeral preferences (optional)
- Signing clause and witness signature lines
- Affidavit of execution (optional but simplifies probate)
Specific Saskatchewan considerations
Probate fees: Modest in Saskatchewan compared to some provinces. Specific to estate value.
Substantial compliance provision: Saskatchewan has provisions allowing court validation of non-compliant documents that represent testamentary intent. Specific to circumstances.
Common-law spouse rights: Specific to Saskatchewan family law; common-law spouse may have specific rights under intestacy and dependant relief.
Wills Registry: Saskatchewan's Wills and Estates Registry is operated by the Court of King's Bench through the Local Registrar's Office — not Vital Statistics. A Will can be voluntarily deposited there for safekeeping, and the registry also records estate applications filed in Saskatchewan courts.
Specific scenarios
Married Saskatchewan resident with children
Typical Will structure — leave residue to spouse, then equally to children per stirpes; appoint spouse as executor with adult child or other family member as backup; appoint guardian for any minor children with backup.
Single Saskatchewan resident with adult children
Leave residue to children equally per stirpes; appoint adult child or sibling as executor with backup; no guardian needed (adult children).
Childfree Saskatchewan resident
Leave residue to specified beneficiaries (siblings, friends, charities); appoint trusted person as executor with backup; consider broader range of contingent beneficiaries.
Saskatchewan resident with property in another province
Standard Will typically governs movable property; real estate in other province is governed by that province's law. May warrant additional consideration for substantial out-of-province real estate.
Common Saskatchewan Will errors
Witnesses not present at same time. Sequential witnessing is invalid.
Beneficiary as witness. Gift to beneficiary-witness is void.
Holograph Will with typed portions. A mix of typed and handwritten doesn't qualify as a holograph.
Missing residue clause. Most common DIY error; creates partial intestacy.
Old Will from before life event. Marriage, divorce, birth — most warrant Will update in Saskatchewan.
What we focus on at It's Simple Will
The Will Creator handles Saskatchewan Wills following The Wills Act, 1996 requirements. The platform walks through the signing instructions specific to Saskatchewan including the two-witnesses-present-at-the-same-time requirement.
Related guides
Citations & sources
- [1]The Wills Act, 1996, SS 1996, c W-14.1 — Government of Saskatchewan / CanLII
- [2]Saskatchewan Publications Centre — Wills and Estates — Government of Saskatchewan
- [3]Law Society of Saskatchewan — Law Society of Saskatchewan
Frequently asked questions
What's the governing statute?
The Wills Act, 1996 (SS 1996, c W-14.1). Came into force 1997, with subsequent amendments including 2020 and 2022. Available at CanLII and Saskatchewan Publications Centre.
How do I make a formal Saskatchewan Will?
Must be in writing (typed or printed). Signed by the testator at the end of the document, in the presence of two or more witnesses who are present at the same time. The witnesses sign the Will in the presence of the testator. No specific form of attestation language is required, but standard attestation clauses are commonly used.
Are holograph Wills valid in Saskatchewan?
Yes. A holograph Will — entirely in the testator's own handwriting and signed by the testator — is valid without any further formality or witnesses. The entire content must be in the testator's handwriting; typed portions disqualify it as a holograph.
Can I have my Will witnessed electronically?
Yes, under specific conditions. Saskatchewan permits electronic witnessing if — at least one of the witnesses is a Saskatchewan lawyer; the lawyer takes all reasonable steps by electronic means to verify the testator's identity; the lawyer confirms the contents of the Will; the lawyer complies with all Law Society of Saskatchewan requirements for electronic witnessing.
Who can be a witness?
Adults with capacity. Importantly, witnesses cannot be beneficiaries or spouses of beneficiaries — if they are, the gift to that beneficiary is generally void (though the Will remains otherwise valid). Use independent witnesses (neighbours, friends not named in the Will, professionals).
What if my Will doesn't comply with formal requirements?
Saskatchewan has substantial compliance provisions in The Wills Act, 1996. If the document represents the testator's testamentary intentions, the court may have authority to validate it. Specific to circumstances and court application. Don't rely on substantial compliance as a planning strategy — proper execution is far better.