How to make a legal will in Prince Edward Island

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

Key takeaways

Governing statute: Probate Act, R.S.P.E.I. 1988, c. P-21, Part III
Minimum age to make a will: 18
Witnessing rule: 2 witnesses required, present at the same time as you sign.
Handwritten (holographic) wills: Prince Edward Island does not have a general "handwritten will" exception. The Probate Act, R.S.P.E.I. 1988, c. P-21, Part III normally requires a will to be signed in the presence of 2 witnesses to be valid. A properly witnessed will is the safer, standard route here.

What makes a will legal in Prince Edward Island

A will in Prince Edward Island is governed by the Probate Act, R.S.P.E.I. 1988, c. P-21, Part III. To be valid, the testator must be at least 18 years old, sign the document, and have that signature witnessed by 2 witnesses (each at least 18) 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 Prince Edward Island, the Intestate Succession Act, R.S.P.E.I. 1988, c. I-4.1 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 Prince Edward Island. A will lets you choose your own beneficiaries instead.

Your options

In Prince Edward Island 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 Prince Edward Island-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 and Personal Directives Act, R.S.P.E.I. 1988, c. P-16.1.
Health & personal care: Health Care Directive and Personal Directive. The person you appoint is called your Proxy, under the Consent to Treatment and Health Care Directives Act, R.S.P.E.I. 1988, c. C-17.2 (Part A) and Powers of Attorney and Personal Directives Act, R.S.P.E.I. 1988, c. P-16.1 (Part B).