Making a Legal Will in Nova Scotia

A Legal Will — formally called a Last Will and Testament — is the document that gives you control over what happens to your estate after your death. Without one, the province decides who inherits, who administers your estate, and who looks after your children. In Nova Scotia, the rules for making a valid Will are set out in the Wills Act. This article explains those requirements in plain language, covers what a Will should contain, and addresses common questions about the process.

Who Can Make a Will?

You can make a valid Will in Nova Scotia if you are 19 years of age or older and have the mental capacity to do so. The legal standard for capacity means that at the time you sign, you understand:

• What a Will is and what it does
• The general nature and extent of your property
• Who your natural heirs are (your spouse, children, and other close family)
• That you are making a deliberate decision about how your estate will be distributed

Capacity is assessed at the time of signing, not at the time you first start thinking about making a Will. A person with an early dementia diagnosis may still have full capacity to make a valid Will.

What Makes a Will Legally Valid?

Nova Scotia's Wills Act sets out clear formal requirements. A Will must be:

• 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 when you sign
• Signed by each witness in your presence

Neither witness can be a beneficiary under the Will, nor the spouse of a beneficiary. If a beneficiary serves as a witness, the gift to that person is void — even though the rest of the Will remains valid. This is one of the most common errors in DIY Wills.

Nova Scotia does not recognize holograph Wills — that is, Wills that are entirely handwritten and unwitnessed. Even a handwritten Will requires two witnesses to be valid. This differs from some other provinces (such as Alberta and Ontario) where holograph Wills are permitted.

What Should a Will Contain?

A properly drafted Will should address the following:

Appointment of Executor. The Executor is the person responsible for administering your estate — collecting assets, paying debts, filing tax returns, and distributing what remains to your beneficiaries. Choose someone who is organized, trustworthy, and capable of managing this responsibility. It is also advisable to name an alternate Executor in case your first choice is unable or unwilling to act.

Appointment of Trustee. If you have minor children or wish to leave assets in trust, you will need to appoint a Trustee to manage those funds until the beneficiaries are old enough to receive them outright. This is often the same person as the Executor.

Appointment of Guardian. If you have children under 19, your Will should address guardianship — but the Appointment of Guardian is actually a separate standalone document prepared alongside the Will, not a clause within it. This matters because a Will-based guardianship clause only takes effect on death, whereas the standalone Appointment of Guardian document is also effective during a period of parental incapacity. It is an essential companion document for any parent with young children.

Specific gifts. If you want particular items — a piece of jewellery, a vehicle, a family heirloom — to go to a specific person, identify them clearly. Vague descriptions create disputes.

Distribution of the residue. After specific gifts and debts are paid, what remains is the "residue" of your estate. Your Will should clearly specify who receives it and in what proportions.

Alternate beneficiaries. What happens if a beneficiary dies before you? A well-drafted Will addresses this by naming alternates or specifying that the gift falls back into the residue.

Funeral and burial wishes. While a Will can express your preferences, it is often not read until after the funeral. A separate letter to your Executor — kept alongside the Will — is a better place for detailed funeral instructions.

The Affidavit of Execution

A Will prepared through Worry Free Will includes a notarized Affidavit of Execution — a sworn statement signed by one of your witnesses confirming that the Will was properly executed. This document is filed with the probate court after your death and eliminates the need for the court to locate a witness after the fact. It simplifies and speeds up the probate process for your Executor.

Do You Need to Update Your Will?

A Will should be reviewed after any significant change in your life. Common triggers include:

• Marriage or divorce
• The birth or adoption of a child or grandchild
• A beneficiary or Executor predeceasing you
• A significant change in your assets (buying or selling property, retirement)
• Moving to a new province or country
• A change in your relationship with a beneficiary

In Nova Scotia, marriage does not automatically revoke a Will made before the marriage — unlike some other provinces. This surprises many people. A Will made before you married remains technically valid after the wedding, but it almost certainly does not reflect your new circumstances: your spouse may not be named, or gifts and appointments may no longer make sense. Updating your Will after marriage is strongly recommended even though the law does not require it. Divorce, by contrast, does automatically revoke any gifts to a former spouse and their appointment as Executor, though it leaves the rest of the Will intact.

Free updates are included with every Will prepared through this practice. There is no additional charge to update your Will if your circumstances change.

What Happens Without a Will?

Dying without a Will — called dying intestate — means Nova Scotia's Intestate Succession Act determines who inherits your estate. The consequences are often not what people would have chosen:

• A common-law partner, regardless of the length of the relationship, receives nothing under the intestacy rules
• Specific gifts to friends or charities cannot be made
• The court appoints an Administrator — not necessarily the person you would have chosen
• Minor children's shares are paid into court until they turn 19
• The estate may be divided in ways that create practical and financial hardship for your family

Do You Need a Lawyer?

In Nova Scotia, a Notary Public can prepare and supervise the execution of a valid Will. For most Nova Scotians — those with straightforward estates, standard family situations, and no complex tax or trust needs — a Notary provides a legally sound, efficient, and significantly more affordable alternative to a law firm.

For estates involving significant business assets, cross-border assets, complex trusts, disability planning for dependants, or significant tax minimization strategies, an estate lawyer with specialized expertise may be appropriate. A Notary will tell you honestly if your situation calls for that level of complexity.