Under the Nova Scotia Wills Act, a formal will requires the signature of the testator and two adult witnesses present at the exact same time. It typically costs $400 to $800 CAD for a law firm to draft and properly witness a standard formal will.
Creating a Last Will and Testament is a fundamental responsibility for anyone who wants to ensure their property and loved ones are cared for after they pass away. However, simply writing down your wishes on a piece of paper and signing it is not enough to make a formal will legally binding. In Nova Scotia, the Wills Act dictates highly specific rules regarding how a formal will must be witnessed. Failing to follow these strict legal ceremonies will render your will invalid, meaning the province will distribute your assets according to default intestacy laws. To avoid this heartbreaking scenario for your family, it is highly recommended to use our directory to find an experienced local estate lawyer to oversee the signing.
Step-by-Step Process in Nova Scotia
Whether you are drafting your will in Sydney, Truro, or downtown Halifax, the legal rules for formal execution are exactly the same. The witnessing process is designed to prevent fraud, undue influence, and to confirm that you were of sound mind when you signed.
Step 1: Selecting Appropriate Witnesses
The first step is choosing the right people to act as your witnesses. Under Nova Scotia law, you must have exactly two adult witnesses (at least 19 years of age). Most importantly, a witness cannot be a beneficiary named in the will, nor can they be the legally married spouse of a beneficiary. If a beneficiary or their spouse signs as a witness, the will itself remains valid, but any gift left to that specific person is completely voided.
Step 2: The Signing Ceremony
The actual signing must be treated as a formal event. You (the testator) and both of your chosen witnesses must be physically present in the exact same room at the exact same time. You must sign the very last page of the will in front of both witnesses. You should also initial every other page of the document to prevent pages from being secretly replaced later.
Step 3: Witnesses Sign the Will
Immediately after you sign, your two witnesses must sign their names in your presence and in the presence of each other. They must watch you sign, and you must watch them sign. If one witness leaves the room to answer a phone call while the other is signing, the entire legal validity of the will is ruined. This simultaneous presence is a strict requirement of the Wills Act.
Step 4: Completing the Affidavit of Execution
While not strictly required for the will to be valid, completing an Affidavit of Execution is a standard and critical practice in Nova Scotia. After the will is signed, one of the witnesses will swear an oath before a Notary Public or a Commissioner of Oaths confirming that the proper signing procedures were followed. When your executor eventually applies for probate at the Supreme Court of Nova Scotia, the court will demand this affidavit.
How Much Does it Cost in Nova Scotia?
Properly executing a will involves some expenses, mainly for legal advice and notarization. Securing peace of mind is generally worth the upfront investment.
- Lawyer Drafting and Witnessing: A standard formal will drafted by a local law firm usually costs between $400 and $800 CAD. This fee almost always includes the law firm providing the two neutral witnesses and completing the Affidavit of Execution.
- Notary Fees (DIY Wills): If you write your own will and just need a Notary to swear the Affidavit of Execution for your witness, expect to pay around $50 to $75 CAD.
- Probate Fees Later: A properly witnessed will makes probate much cheaper. If a will is invalid, fixing the estate mess can cost your family upwards of $3,000 to $5,000 CAD in legal litigation fees.
How Long Does the Process Take?
The actual act of witnessing is quite fast, but scheduling and preparation take a little coordination.
| Witnessing Stage | Estimated Timeline |
|---|---|
| Selecting and Notifying Witnesses | 1 to 2 days |
| The Signing Ceremony | 15 to 30 minutes |
| Completing Affidavit of Execution | 10 minutes (with a Notary) |
| Probate Processing (After Death) | Several months (if properly witnessed) |
Frequently Asked Questions (FAQ)
Can my executor be a witness to my will?
Yes. An executor can legally act as a witness in Nova Scotia, provided they are not also a beneficiary of the will. If the executor is receiving any part of your estate, they absolutely should not sign as a witness.
Can a will be witnessed virtually over a video call?
No, not generally. While temporary emergency measures allowed virtual witnessing during the pandemic, the standard rule in Nova Scotia requires the physical presence of “wet ink” signatures with all parties in the same room. It is highly recommended to sign in person to avoid legal challenges.
What happens if I only have one witness?
If a formal, typed will is signed with only one witness, it is legally invalid under the Wills Act. The estate will be treated as if you died without a will (intestate), and your assets will be distributed according to provincial default rules.
Do the witnesses need to read the contents of my will?
No. The witnesses only need to know that the document they are signing is your Last Will and Testament. They do not need to read your financial details, know who your beneficiaries are, or see how much money you are leaving behind.
Leave a Reply