Do You Need a Will in Canada? (And What Happens Without One)

Every year, most Canadian adults put off making a will. It feels like a task for later — until a sudden illness or accident makes it urgent. But in Canada, dying without a will has a legal name: you are 'intestate.' And when that happens, you lose your say. Provincial law applies a fixed formula to divide your estate, with no regard for your wishes, your relationships, or what your family actually needs.

In Ontario, the formula works like this: a surviving married spouse gets a preferential share (currently $350,000) before anything is split with your children — the spouse does not simply inherit everything. And common-law partners are not treated as spouses under Ontario's intestacy rules, so a long-term partner can receive nothing. Friends, charities, stepchildren you helped raise — anyone outside the formula is left out entirely.

There is no executor of your choice either. A court appoints an administrator to wind up your estate, and that process typically takes months longer and costs the estate thousands of dollars more than if you had named someone yourself. Banks freeze accounts until the court paperwork is in order, and your family waits. A will is, among other things, a gift of time and money to the people you leave behind.

A will also decides the things no formula ever could: who raises your minor children if you are their last surviving parent, who receives belongings with sentimental value, and who manages the estate. One thing to know: some assets pass outside your will entirely. Life insurance, RRSPs and RRIFs with named beneficiaries, and property held in joint tenancy go directly to those people, regardless of what your will says.

Making a valid will in Canada is simpler than most people expect. It must be in writing, made by an adult of sound mind, signed at the end, and signed by two witnesses present at the same time. Your witnesses should not be beneficiaries — in most provinces, a gift to a witness is void. No lawyer or notary is required outside Quebec. In Ontario, your executor will also need an affidavit of execution: a short sworn statement signed by one of your witnesses, ideally signed at the same appointment as the will. And when life changes — a new child, a marriage, a property purchase — you often do not need a whole new will. A codicil is a short legal amendment that updates specific parts of an existing will, signed and witnessed the same way. Our free last will and testament generator walks you through the whole process province by province — executor, beneficiaries, guardians, and the correct witnessing steps — in about 20 minutes. When life changes later, our free codicil tool updates your will without starting over. If your estate is complex — a business, a blended family, significant assets — have a lawyer review the result. For everyone else, a proper will today beats a perfect will someday.