Wills and estates: provincial rules for your Canadian assets

When you move to Canada, one of the most important questions to settle is: what happens to my assets if I pass away? Your answer depends heavily on the province or territory where you live and whether you have a valid will. Without proper planning, provincial intestacy laws will decide who inherits—a formula that may not match your wishes, especially if you have a common-law partner, children from previous relationships, or assets across multiple provinces.

What Happens Without a Will: Provincial Intestacy Rules

Dying without a will (called dying "intestate") means a provincial court will divide your estate according to a rigid legal formula that typically prioritizes married spouses, children, and then other blood relatives. While these formulas differ by province, they share one critical feature: they do not consider your personal wishes or unusual family situations.

In Ontario, if you are married with children, your spouse receives a preferential share of $350,000, and the remainder is divided between your spouse and children. If you are married with no children, your spouse inherits the entire estate. However, common-law partners have no automatic right to inherit in Ontario, regardless of how long you lived together. They must apply to court for dependent relief—a costly and uncertain process with no guarantee of success. Quebec follows a similar pattern: a legally married or civil-union spouse receives one-third of the succession and children receive two-thirds, but common-law partners receive nothing.

Several provinces treat common-law partners more generously. In British Columbia, Alberta, Saskatchewan, and Manitoba, common-law partners (after meeting provincial cohabitation requirements—typically two to three years) inherit as spouses. This is an important distinction for newcomers: where you settle in Canada changes your family's legal inheritance rights.

Probate Fees: A Major Cost That Varies by Province

Before your beneficiaries receive their inheritance, courts must verify your will and appoint an executor—a process called probate. Your province charges a fee for this service, and the amount can be shocking. Probate fees are a real cost on your estate that can be partially avoided with proper planning, so it is worth understanding where you live.

Ontario charges Estate Administration Tax at 1.5 percent on estate value above $50,000, which means a $500,000 estate pays $6,750 in probate fees. British Columbia charges a similar rate at approximately 1.4 percent. Nova Scotia is the highest in Canada at $16.93 per $1,000 above $100,000—a $500,000 estate would owe over $6,500 in probate fees. Alberta and Manitoba offer the best deals: Alberta charges a flat fee capped at $525 regardless of estate size, and Manitoba eliminated probate fees entirely in 2020.

Quebec is in a category of its own. Because Quebec has a civil-law system (not common law like the rest of Canada), it uses notarial wills that do not require probate. If you make a will through a Quebec notary, there are zero probate fees and your estate can be settled much faster.

• Ontario: 1.5% on amount above $50,000
• British Columbia: 1.4% on amount above $50,000
• Alberta: Flat fee capped at $525
• Manitoba: $0 (eliminated 2020)
• Quebec: $0 for notarial wills

Quebec's Civil-Law System: Notarial Wills

If you settle in Quebec, you are entering a legal system unlike the rest of Canada. Quebec uses the Civil Code, which sets out three types of wills: notarial, holograph (handwritten), and wills made before witnesses. Only the notarial will is considered an authentic legal document that does not need court verification after you die.

A notarial will is prepared and signed by a Quebec notary in the presence of one witness. The notary keeps the original, which is registered with the Chambre des notaires du Quebec. When you die, your executor (called a "liquidator" in Quebec) can immediately begin distributing your estate without waiting for court approval. Your heirs do not need to pay probate fees, and the process typically moves faster than in common-law provinces. The trade-off is that a notarial will costs $800 to $1,500 or more, depending on the notary and complexity of your estate.

Handwritten or witnessed wills in Quebec must still be probated in court after your death, which defeats some of the advantage. This is why legal advice in Quebec often emphasizes the notarial will as the gold standard.

Assets That Bypass Your Will: Beneficiary Designations

One of the most overlooked aspects of estate planning is that certain assets do not pass through your will at all. Registered Retirement Savings Plans (RRSPs), Tax-Free Savings Accounts (TFSAs), and life insurance policies allow you to name a beneficiary directly. These funds pass immediately to that person when you die, without probate and without being part of your taxable estate.

For RRSPs and RRIFs (Registered Retirement Income Funds), you can name a beneficiary directly on the account. If you name your spouse as the beneficiary, they can often roll the funds into their own RRSP tax-free. If you name adult children or anyone else who is not your spouse, the funds will be paid out but your estate will face an immediate tax bill—sometimes a substantial one—even though the money goes to the beneficiary. This mismatch can create serious unfairness in your estate.

TFSAs work similarly. You can name a beneficiary, and the account and its growth pass directly to them outside your estate. Life insurance is perhaps the most straightforward: name a beneficiary, and the insurance company pays them directly upon your death, with no probate fees and no delays.

A critical warning: beneficiary designations are powerful but easily forgotten. Many people name a beneficiary when they first open an account—perhaps their parent or sibling years ago—and never update it. Then life changes: you marry, have children, divorce. If you do not actively update the designation, your old choice still stands. A sister named as TFSA beneficiary thirty years ago will receive that money upon your death, regardless of what your will says today.

In Quebec, the rules are different. Quebec does not allow direct beneficiary designations on registered accounts in the same way other provinces do. Quebec residents typically must designate beneficiaries through their will instead.

• Review and update beneficiary designations every time your family situation changes: marriage, birth, separation, or death of an intended beneficiary.
• Remember that named beneficiaries bypass probate and your will—for good or ill, the designation is final.
• If you name your spouse as beneficiary of an RRSP or RRIF, they can roll the funds into their own account tax-free, saving thousands.
• Naming adult children as RRSP or RRIF beneficiaries may trigger a large tax bill that the estate must pay.

What a Valid Will Looks Like in Canada

A standard will across Canada is a document that is typed or printed, signed by you in the presence of two adult witnesses, and signed by those two witnesses as well. Witnesses (and their spouses or partners) generally should not be beneficiaries of the will, or their inheritance may be voided. Many provinces, including Ontario, Alberta, Quebec, Saskatchewan, and Manitoba, also accept holograph wills—documents written entirely in your own handwriting, signed by you, with no witnesses required. A holograph will is simpler to make but more vulnerable to legal challenges over authenticity.

The format matters. A will that does not meet your province's formal requirements may be ruled invalid by a court, leaving your estate to be divided by intestacy law. If you are not confident in the legal requirements of your province, it is worth paying a lawyer $200–$500 to review your will before you sign it. The cost is trivial compared to the cost of probate or family disputes.

Your Estate Plan Should Go Beyond the Will

A will is essential, but it is not the entire estate plan. You should also consider a Power of Attorney (a document that names someone to manage your finances if you become incapacitated before death), a directive about medical care or organ donation if your province allows it, and a careful review of how all your accounts are titled and who is named as beneficiary. If you own property in more than one province, or if you have family or beneficiaries outside Canada, you may need additional legal help.

For newcomers and international students, this is especially important: Canada recognizes your last will and testament, but you should be clear about which province's laws govern your estate. If you own a home in Ontario but also hold investments in Alberta, make sure your executor understands the geography of your assets.

Why You Cannot Ignore This

Dying without a valid will does not just mean your wishes are not followed. It means your family faces probate delays (sometimes six months to two years), pays unnecessary court and legal fees, and may end up in conflict over assets. If you have a common-law partner, they may receive nothing. If you have children from different relationships, they may fight over inheritance. If you want to leave money to a friend or charity, that will not happen.

For immigrants and international students, the stakes are even higher. You may be building wealth in Canada while maintaining family connections abroad. Without a clear will, your assets could be frozen by the courts while your family tries to prove who you were and what you wanted. The cost in time, money, and family stress is enormous.