How to make a legal will in Nova Scotia

The governing statute, who has to watch you sign, and what happens to your estate if you die without one.

Key takeaways

Governing statute: Wills Act, R.S.N.S. 1989, c. 505
Minimum age to make a will: 19
Witnessing rule: 2 witnesses required, present at the same time as you sign.
Handwritten (holographic) wills: Nova Scotia does not have a general "handwritten will" exception. The Wills Act, R.S.N.S. 1989, c. 505 normally requires a will to be signed in the presence of 2 witnesses to be valid. Courts here have some discretion to cure a document that clearly reflects someone's final wishes even if it wasn't signed correctly, but that's a costly, uncertain court process, not a substitute for a properly witnessed will.

What makes a will legal in Nova Scotia

A will in Nova Scotia is governed by the Wills Act, R.S.N.S. 1989, c. 505. To be valid, the testator must be at least 19 years old, sign the document, and have that signature witnessed by 2 witnesses (each at least 19) who are present at the same time and are not beneficiaries under the will. A will does not need to be notarized. Signing and witnessing correctly is what makes a will legal, not who drafted it.

If you die without a will

If you die without a will in Nova Scotia, the Intestate Succession Act, R.S.N.S. 1989, c. 236 decides who inherits, not you. Your spouse and children split your estate by a fixed formula (a spouse doesn't automatically get everything if you have children from another relationship), other relatives may be entitled to a share if you have no spouse or children, and an estate with no eligible relatives passes to His Majesty the King in right of Nova Scotia. A will lets you choose your own beneficiaries instead.

Your options

In Nova Scotia you generally have four routes to a will: an online generator like I'M DEAD (fast, free to preview, province-specific, you still print and sign in person); a lawyer (highest cost, best for complex estates); a paper will kit (cheap but generic, easy to get Nova Scotia-specific rules wrong); or a fully handwritten will (risky here: see the holographic-validity note above). For a typical estate, an online will plus correct in-person signing covers most people's needs.

Online will generator (like I'M DEAD): Fast, province-specific, free to preview. You still print and sign in person.
A lawyer: Highest cost, best for complex estates, trusts, or a contested family situation.
A paper will kit: Cheap but generic, and easy to get the rules where you live wrong.
A fully handwritten will: Risky without a general holographic-will exception. See the note below.

Power of attorney terminology

Financial decisions: Enduring Power of Attorney. The person you appoint is called your Attorney, under the Powers of Attorney Act, R.S.N.S. 1989, c. 352 (as amended by S.N.S. 2022, c. 23).
Health & personal care: Personal Directive. The person you appoint is called your Delegate, under the Personal Directives Act, S.N.S. 2008, c. 8.