A Canadian Last Will and Testament is a legally binding testamentary document in which a person (the Testator) directs how their estate — comprising all real property, personal property, financial assets, and digital assets — shall be distributed upon their death. The Will appoints an Estate Trustee (known as an Executor in most provinces outside Ontario, or a Liquidator in Quebec) to administer the estate, pay debts and taxes, and distribute assets to the named beneficiaries.

Unlike the United States, Canada has no federal estate or inheritance tax. However, under the Income Tax Act (Canada), R.S.C. 1985, c. 1 (5th Supp.), the Canada Revenue Agency (CRA) deems a disposition of all capital property at fair market value immediately before death, which can trigger substantial capital gains tax. The Estate Trustee must file a terminal T1 income tax return and may elect to file a separate rights-or-things return under s. 70(2) to reduce the overall tax burden. Spousal rollovers under s. 70(6) allow property to transfer to a surviving spouse or common-law partner at its adjusted cost base, deferring the capital gains tax until the surviving spouse’s death.

Wills legislation is a provincial matter in Canada. Each province and territory has its own Wills Act or equivalent statute governing the formal requirements for a valid Will. Ontario’s Succession Law Reform Act (R.S.O. 1990, c. S.26) requires the Testator to be at least 18 years old, of sound mind, and to sign the Will in the presence of two witnesses who also sign in the Testator’s presence. British Columbia’s Wills, Estates and Succession Act (S.B.C. 2009, c. 13, “WESA”) introduced a curative provision (s. 58) allowing courts to validate documents that do not meet strict formal requirements if the court is satisfied the document represents the deceased’s testamentary intentions. Alberta’s Wills and Succession Act (S.A. 2010, c. W-12.2) contains a similar dispensing power. In 2025, Ontario amended the SLRA to add a similar validation power, meaning courts can now validate non-compliant documents if they are satisfied the document reflects the deceased’s final wishes.

Every Canadian adult with assets, dependents, or specific wishes for the distribution of their estate should have a valid Will. Without a Will, your estate is distributed according to the intestacy rules of your province, which may not reflect your actual wishes. In Ontario, the Succession Law Reform Act (Part II) provides a fixed preferential share of $350,000 to the surviving spouse, with the remainder divided between the spouse and children according to a statutory formula. Common-law partners in Ontario have no automatic right to inherit under intestacy rules — they must bring a dependant’s relief claim under Part V of the SLRA within six months of the grant of probate.

A Will is especially critical if you have minor children. Under the Children’s Law Reform Act (Ontario, R.S.O. 1990, c. C.12, s. 61), a testamentary guardian appointment takes effect upon the death of the appointing parent, subject to court confirmation. Without a Will naming a guardian, the court will appoint one based on the best interests of the child, which may not align with your preferences. You should also make a Will if you wish to make charitable bequests (which may generate a charitable donation tax credit under ITA s. 118.1 for your terminal return), if you own property in multiple provinces (which may require ancillary probate), or if you want to minimise probate fees through estate planning strategies such as joint ownership, beneficiary designations on registered accounts (RRSPs, TFSAs, life insurance), or the use of multiple wills — a strategy validated in Ontario by the Granovsky Estate v. Ontario decision, where a primary will for assets requiring probate and a secondary will for assets that do not (such as shares in private corporations) can substantially reduce Estate Administration Tax.

A comprehensive Canadian Last Will and Testament must include several essential elements. First, a clear identification of the Testator with full legal name, address, and a declaration of testamentary capacity. Second, an express revocation clause that cancels all prior Wills and codicils — under Ontario SLRA s. 15, a Will is revoked only by a later Will, a written declaration of revocation executed with the same formalities, or by destruction with intent to revoke.

Third, the appointment of an Estate Trustee (Executor) and an alternate, with broad powers to administer the estate, including the power to sell property, invest funds, borrow, employ professionals, and make interim distributions. The Trustee Act of each province (e.g., Ontario’s Trustee Act, R.S.O. 1990, c. T.23) provides statutory investment powers, but express powers in the Will supplement and clarify the Trustee’s authority. Fourth, testamentary guardian nominations for minor children, acknowledging that the court retains ultimate jurisdiction over custody.

Fifth, specific bequests of particular items or sums of money to named beneficiaries, with provisions for lapse (if the beneficiary predeceases) and ademption (if the gifted property no longer exists). Sixth, a residuary clause disposing of all remaining estate assets, with alternate beneficiaries and a per stirpes distribution mechanism. Seventh, a survivorship clause (typically 30 days) to avoid the complications of simultaneous death, complementing the provincial Survivorship Act. Finally, the attestation clause and witness signatures — two witnesses present simultaneously, neither of whom is a beneficiary or the spouse of a beneficiary (SLRA s. 12, WESA s. 43), who sign in the Testator’s presence. A well-drafted Will should also address the governing province and include a no-contest (in terrorem) clause to discourage frivolous challenges.