Signing your Will: simple rules for Canada

Originally published: August 22, 2021 | Last updated: October 29, 2025

Signing a Will correctly is essential, an improperly signed Will can be declared invalid, leaving your estate to be distributed under provincial intestacy laws rather than according to your wishes. The good news is that the signing rules in Canada are straightforward. This guide covers every requirement you need to know to ensure your Will is legally valid.

What Makes a Will Legal in Canada?

A Will is legally valid in Canada when four conditions are met:

1. Age requirement: The testator (person making the Will) must be at least 18 years old in most provinces. In British Columbia, New Brunswick, Newfoundland and Labrador, Nova Scotia, and the territories, the age requirement is 19. Exceptions exist for members of the Canadian Armed Forces and married individuals under the minimum age.
2. Testamentary capacity: The testator must have a sound mind at the time of signing, meaning they understand what a Will is, know the extent of their assets, and understand the implications of their decisions.
3. Proper execution: The Will must be signed by the testator in the presence of two witnesses, and both witnesses must sign in the presence of the testator.
4. Voluntariness: The Will must be made freely, without undue influence, coercion, or fraud.

If any of these conditions is not met, the Will can be challenged and potentially invalidated.

What Is Testamentary Capacity?

Testamentary capacity is the legal standard that determines whether a person is mentally competent to create a valid Will. The test, established by the landmark case Banks v. Goodfellow (1870), requires that the testator:

• Understands what a Will is; knows that they are creating a document that will distribute their assets after death
• Knows the nature and extent of their property; has a general understanding of what they own (not necessarily to the exact dollar)
• Understands who has a claim on their estate; knows who their natural beneficiaries are (spouse, children, dependents)
• Is free from delusions that would affect the Will; is not suffering from a mental disorder that distorts their understanding of reality in a way that influences their testamentary decisions

Testamentary capacity is assessed at the moment the Will is signed, not at any other time. A person with early-stage dementia may still have testamentary capacity on a “good day.” Conversely, a person who is normally of sound mind may lack capacity if signing while heavily medicated or in a confused state.

How Must the Will Be Signed?

The signing ceremony for a Will in Canada follows a specific procedure:

1. The testator signs first. Sign at the end of the Will document. Use your normal signature, there is no requirement for a full legal name or a specific style of signature.
2. Two witnesses must be present. Both witnesses must physically observe the testator signing the Will (or acknowledge their signature).
3. Both witnesses then sign. Each witness signs the Will in the presence of the testator and in the presence of each other.
4. All three people must be in the same room at the same time during the entire signing process.

Key rules for the signing:

• Do not use initials; use your full signature
• Sign every page if the Will is multiple pages (some provinces require this; it is best practice everywhere)
• Do not make any changes or corrections to the Will after signing, this could invalidate the Will or the specific provisions that were altered
• The testator and witnesses should sign using the same pen (ink colour should match to avoid any suggestion of different signing sessions)

What Were the Rules for Will Signing During the COVID Pandemic?

During the COVID-19 pandemic, several Canadian provinces introduced temporary measures allowing virtual Will witnessing:

Even in provinces that allow virtual witnessing, in-person signing remains the gold standard and avoids any potential challenges. If you are able to sign in person, do so.

Who Can Be a Witness? What Witnesses Are Valid?

Choosing the right witnesses is critical. The rules are:

• Must be at least 18 years old (19 in some provinces)
• Must be of sound mind, able to understand what they are witnessing
• Must NOT be a beneficiary of the Will, if a witness is named as a beneficiary, their gift is typically voided (though the rest of the Will remains valid)
• Must NOT be the spouse or common-law partner of a beneficiary
• Must NOT be the executor; while not legally prohibited in all provinces, it is strongly recommended to avoid this to prevent any appearance of conflict

Good choices for witnesses include: neighbours, co-workers, friends who are not named in the Will, or any adult who meets the criteria above. The witnesses do not need to read the Will, they are only witnessing the act of signing.

What Is an Affidavit of Execution? Do You Need One?

An Affidavit of Execution is a sworn statement by one of the witnesses confirming that the Will was properly signed and witnessed. It is not technically required to make the Will valid, but it serves an important practical purpose:

• Simplifies probate: Without an Affidavit of Execution, the court may require one of the witnesses to appear in person or provide a sworn statement during the probate process, which could be years later, when the witness may be difficult to locate or may have died
• Reduces challenges: The affidavit creates a contemporaneous record of proper execution, making it harder to challenge the Will on procedural grounds
• Required in some provinces: Some provinces require the affidavit to be filed with the probate application

LegalWills.ca automatically generates an Affidavit of Execution with every Will. It should be signed by one witness at the same time as the Will signing ceremony, before a commissioner of oaths or notary public.

Step-by-Step Will Signing Checklist

1. Print your Will from LegalWills.ca
2. Review the entire document to confirm accuracy
3. Gather two eligible witnesses (not beneficiaries, not spouses of beneficiaries)
4. All three people sit together in the same room
5. The testator signs at the end of the Will and initials each page
6. Both witnesses sign at the end of the Will in the presence of the testator and each other
7. One witness signs the Affidavit of Execution before a commissioner of oaths
8. Store the original Will in a safe, accessible location
9. Inform your executor of the Will’s location
10. Consider registering your Will with the Canada Will Registry

Frequently Asked Questions

Can I sign my Will electronically?

In most Canadian provinces, a Will must be signed with a wet ink signature on a physical document. Ontario and British Columbia have introduced provisions allowing electronic Wills under specific conditions, but a traditional wet signature remains the safest and most widely accepted method.

What happens if only one witness signs?

A Will with only one witness is not properly executed in most provinces and could be declared invalid. In some provinces with “substantial compliance” provisions, a court may still validate the Will if it clearly represents the testator’s intentions, but this requires a court application and is not guaranteed.

Can my executor be a witness?

It is not legally prohibited in most provinces, but it is strongly discouraged. Having the executor serve as a witness can create an appearance of conflict and may invite challenges to the Will.

Do the witnesses need to read the Will?

No. Witnesses are only required to observe the testator signing the Will. They do not need to read it, know its contents, or approve of its provisions. The testator’s privacy is preserved.