Determining the validity of the Will

Now that you found the Will, you need to confirm the Will is valid. A Will needs to be valid to carry out the wishes of the deceased. Typically for Wills to be valid they require signatures of two witnesses (not a named estate representative, spouse, or beneficiary), the date, and the testator’s signature at the end of the Will.

If there are any concerns about the validity of the Will, it is recommended to seek legal advice.

If the Will was drafted by a lawyer, created by online Will software or was handwritten by the deceased and followed the above requirements, it could be valid. However, this does vary by province. If there are any concerns about the validity of the Will, it is recommended to seek legal advice. Requirements for valid Wills are outlined in legislation for each province. Please see below for more details if this is a concern:

• Saskatchewan – The Wills Act
• Ontario – Succession Law Reform Act
• British Columbia – Wills, Estates and Succession Act
• Alberta – Wills and Succession Act
• Manitoba – The Wills Act
• Quebec – Civil Code of Quebec SQ.1991 c. 64 Book Three - Successions
• Newfoundland and Labrador – Wills Act
• New Brunswick – Wills Act
• Nova Scotia – Wills Act
• Prince Edward Island – Probate Act
• Yukon – Wills Act
• Northwest Territories – Wills Act
• Nunavut – Wills Act

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