A Legal Will — formally called a Last Will and Testament — is a written document setting out your instructions for what happens to your estate after your death. In Nova Scotia, the requirements for a valid Will are set out in the Wills Act.
Who Can Make a Will?
You can make a valid Will in Nova Scotia if you are 19 or older and mentally capable of doing so. Capacity means you understand the nature of the document, the extent of your property, your natural heirs, and that you are acting freely without undue influence.
What Makes a Will Legally Valid?
- In writing (typed or handwritten)
- Signed by you at the end of the document
- Witnessed by two people who are both present at the same time
- Each witness signs in your presence
- Neither witness is a beneficiary (or married to one)
Nova Scotia does not recognize holograph Wills (handwritten and unwitnessed). A handwritten Will still requires two witnesses to be valid.
What Happens Without a Will?
Dying intestate means Nova Scotia's Intestate Succession Act decides who inherits. A common-law partner receives nothing. Specific gifts to friends or charities are impossible. The court — not you — chooses who administers the estate. A properly executed Will eliminates all of this uncertainty.
Do You Need a Lawyer?
No. A Notary Public can supervise the preparation and execution of a Will at a fraction of lawyer fees. For complex estates with significant tax implications or trust structures, an estate lawyer may be appropriate. For most Nova Scotians, a Notary provides a legal, efficient, and affordable alternative.
Ready to Make Your Will?
One appointment. One hour. $395 for a Will, Power of Attorney, and Personal Directive.