Types of Wills in Canada — A Plain-Language Guide
When people picture "a will," they usually picture one thing: a typed document signed in front of witnesses. That is indeed the main kind — but it is not the only kind, and the differences matter. A handwritten note can be a valid will in some provinces and worthless in others. An electronic will is now possible in one province and not the rest. And the "joint" and "mutual" wills couples sometimes ask for can quietly trap a surviving spouse for the rest of their life. Knowing the categories helps you choose the right one and avoid the ones that cause trouble.
This guide is a plain-language overview of the will types used across Canada's common-law provinces. It is general information, not legal advice, and the rules differ by province, so confirm yours.
Formal (attested) wills — the standard
The formal will, also called an attested will, is the default and the one almost everyone should use. It is typically typed, and crucially it is signed by you in front of two witnesses, who sign as well, generally all present together.[1] That witnessing is the whole point: it makes the document reliable and far harder to challenge, because there are people who can attest that you signed it freely and appeared to know what you were doing. A formal will is valid in every common-law province and is the foundation of ordinary estate planning.
Holograph wills — handwritten, no witnesses
A holograph will is written entirely in your own handwriting and signed, with no witnesses required.[1] Its appeal is obvious — no formalities, no witnesses, just pen and paper — and that is also its danger. Holograph wills are recognized in most common-law provinces, including Ontario, Alberta, Saskatchewan, Manitoba, New Brunswick, Nova Scotia, and Newfoundland and Labrador — Nova Scotia has recognized them for wills made since 2008. The exceptions are British Columbia and Prince Edward Island, which do not treat a holograph will as valid in the ordinary way, though their courts have a discretionary power to give effect to documents that fall short of the formalities.[2]
Even where they are valid, holograph wills are notoriously easy to get wrong: ambiguous wording, missing executors, forgotten assets, and no one to confirm the circumstances. Treat a holograph will as an emergency stopgap, not a substitute for a proper one.
Electronic wills — province by province
The newest category is the electronic will. British Columbia has permitted electronic wills since December 1, 2021, allowing the document to be signed and witnessed electronically, with witnesses able to be present by video rather than in the same room.[2] Most other provinces still expect a traditional paper will signed in wet ink, although some courts have a curative power to validate a document that does not perfectly meet the formalities. The law here is moving, unevenly, so an electronic will is only safe where your province has clearly authorized it — confirm before relying on one.
Joint, mutual, and mirror wills — arrangements, not formats
These three are often lumped in with "types of wills," but they are really arrangements between two people, usually spouses, rather than separate legal forms:
- Mirror wills — two separate, near-identical wills that mirror each other (each leaves everything to the other, then to the children). Flexible: either person can change their own will later. This is what most couples actually want; see mirror wills explained.
- Mutual wills — mirror wills plus a binding agreement not to change them after the first death. They can lock a survivor into a plan they can never alter, which causes real hardship; see joint wills vs mutual wills.
- Joint wills — a single document covering two people. Generally discouraged for the same inflexibility reasons.
The caution with mutual and joint wills is the same: the rigidity that feels reassuring when both partners are alive can become a trap for the one left behind. Most couples are best served by straightforward mirror wills.
Choosing the right one
For the overwhelming majority of people, the answer is the formal, witnessed will — reliable, valid everywhere in the common-law provinces, and resistant to challenge. A holograph will is a reasonable emergency measure, and an electronic will may suit you where the province allows it, but neither replaces the witnessed will as the standard. And remember: the type of will does not change how probate or estate tax works — that turns on your assets and your province, not on how the document was made.
What we focus on at It's Simple Will
The Will Creator produces a formal, witnessed will built for your province, with clear instructions on signing and witnessing — the type that holds up. For the situations that call for something different, or for a quick comparison, see DIY wills in Canada and how to write a will in Canada.
Related guides
Citations & sources
- [1]Succession Law Reform Act, RSO 1990, c S.26 — formal and holograph wills — Government of Ontario
- [2]Wills, Estates and Succession Act, SBC 2009, c 13 (electronic wills; curative power) — Government of British Columbia
Frequently asked questions
What is the most common type of will in Canada?
The formal or 'attested' will — a typed document that you sign in the presence of two witnesses, who also sign. It is valid in every common-law province and is what most people mean by 'a will.' Its reliability comes from the witnessing, which makes it far harder to dispute than an informal document.
Is a handwritten (holograph) will legal in Canada?
In several provinces, yes. A holograph will is written entirely in your own handwriting and signed, with no witnesses required. It is recognized in most common-law provinces — including Ontario, Alberta, Saskatchewan, Manitoba, New Brunswick, Nova Scotia, and Newfoundland and Labrador — but not in British Columbia or Prince Edward Island. Even where valid it is risky and prone to ambiguity, so it is best kept for emergencies rather than as your main plan.
Are electronic or digital wills allowed?
It depends on the province. British Columbia has permitted electronic wills since December 1, 2021, with electronic signing and witnessing. Most other provinces still expect a traditional paper will signed in wet ink, though some courts have power to validate documents that do not perfectly meet the formalities. Confirm your own province's rules before relying on an electronic will.
What is the difference between joint, mutual, and mirror wills?
They are arrangements between two people, usually spouses, rather than separate legal forms. Mirror wills are two near-identical separate wills that reflect each other. Mutual wills add a binding agreement not to change them after one person dies. A joint will is a single document for two people. Mutual and joint wills can create serious inflexibility, so most couples are better served by simple mirror wills.
Which type of will should I use?
For most people, a properly witnessed formal will is the right choice — it is reliable, accepted everywhere in the common-law provinces, and avoids the ambiguity that informal wills invite. A holograph will can serve as a stopgap in an emergency, and an electronic will may be an option where the province allows it, but the witnessed formal will remains the standard for good reason.
Does a more unusual type of will avoid probate or taxes?
No. The type of will does not change how probate or estate taxes work — those depend on your assets and your province, not on whether the will was typed, handwritten, or electronic. Choosing an informal will to save effort can cost the estate far more later if the document is challenged or unclear. The format is about validity, not tax.