What legally makes a will valid in a Canadian common-law province?
Age of majority, testamentary capacity, the requisite formalities of signing and attestation, and — outside the holograph exception — two independent adult witnesses are the core validity requirements; British Columbia adds a statutory electronic-will option.
Formal validity in every common-law province requires that the testator be of the age of majority (eighteen or nineteen depending on the province), possess testamentary capacity at the time of execution, and intend the document to operate as their last will. The signing ceremony generally demands the testator sign in the simultaneous physical presence of two adult witnesses who then attest in the testator's presence.
A holograph will — entirely in the testator's own handwriting and signed — is recognised without witnesses in several provinces (Ontario, Alberta, Manitoba, Saskatchewan, New Brunswick, Newfoundland and Labrador, and Québec under different civil-law rules). It is a narrow emergency route; for any meaningful estate, a fully witnessed will is the defensible default.
British Columbia's Wills, Estates and Succession Act permits electronic wills executed via videoconferencing with two independent adult witnesses and signed in an acceptable electronic form. Outside BC, do not assume digital execution is valid. A beneficiary or their spouse who acts as a witness generally forfeits the gift under the beneficiary-witness rule, even if the will itself remains valid.
Disclaimer: This page is for general education only and is not legal advice. Rules vary by province and change over time; speak with a qualified lawyer about your own circumstances.
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