How many witnesses does a will need in Newfoundland and Labrador?

A formal typed will needs two witnesses who sign in your presence and who are not beneficiaries or their spouses. A holograph will written entirely by hand needs no witnesses.

What age can you make a will in Newfoundland and Labrador?

Generally 17, which is younger than most provinces, plus the usual exceptions for married people and members of the armed forces. You must also have testamentary capacity.

How much are probate fees in Newfoundland and Labrador?

They are modest — a small flat fee on the first portion of the estate plus about $0.60 per $100 (roughly 0.6%) on the value above that threshold.

Is a handwritten will valid in Newfoundland and Labrador?

Yes. A holograph will written entirely in your own handwriting and signed is valid without witnesses, though a properly witnessed typed will is usually easier to probate.

Making a Will in Newfoundland and Labrador: What to Know

Newfoundland and Labrador has its own Wills Act and a probate process run through the Supreme Court. Probate fees here are relatively low compared with some provinces. This is general information, not legal advice — consult a lawyer in your province.

What makes a will valid in Newfoundland and Labrador?

Under the province's Wills Act you must be at least 17 (with limited exceptions) and have testamentary capacity. A formal will must be in writing, signed by you, and witnessed by two people who sign in your presence.

Holograph wills written entirely in your own handwriting and signed are recognized without witnesses. Witnesses to a formal will should not be beneficiaries or their spouses, since witnessing can void the gift.

Is the minimum age really 17?

Yes. Newfoundland and Labrador is unusual in setting the minimum age to make a will at 17 rather than 18 or 19. There are also the usual exceptions allowing younger people who are married or in the armed forces to make a will.

Regardless of age, the will-maker must understand the nature of the act, the extent of their property, and the people who might reasonably expect to benefit.

How does probate work in Newfoundland and Labrador?

Probate is handled by the Supreme Court of Newfoundland and Labrador, which issues a grant of probate or, where there is no will, letters of administration. The grant confirms the executor's authority to deal with the estate.

Probate fees are modest: a small flat fee on the first portion of the estate plus roughly $0.60 per $100 (about 0.6%) on the value above that threshold. Small estates can use a simplified procedure.

Who can claim against the estate?

Under the Family Relief Act, a dependant such as a spouse or child who is not adequately provided for by the will can apply to the court for additional provision out of the estate.

The province's family property rules can also give a surviving spouse a claim to matrimonial property, which is resolved before the balance of the estate is distributed under the will.

Can you make a will online in Newfoundland and Labrador?

Yes. A will made with a quality online service is valid in the province provided it is printed, signed, and witnessed correctly. The law cares about capacity and proper execution, not the drafting method.

iFinallyWill creates Newfoundland and Labrador-specific wills and powers of attorney online, with the correct signing steps, lifetime updates, and a money-back guarantee. For complex estates, get legal advice too.

Frequently asked questions

How many witnesses does a will need in Newfoundland and Labrador?: A formal typed will needs two witnesses who sign in your presence and who are not beneficiaries or their spouses. A holograph will written entirely by hand needs no witnesses.
What age can you make a will in Newfoundland and Labrador?: Generally 17, which is younger than most provinces, plus the usual exceptions for married people and members of the armed forces. You must also have testamentary capacity.
How much are probate fees in Newfoundland and Labrador?: They are modest — a small flat fee on the first portion of the estate plus about $0.60 per $100 (roughly 0.6%) on the value above that threshold.
Is a handwritten will valid in Newfoundland and Labrador?: Yes. A holograph will written entirely in your own handwriting and signed is valid without witnesses, though a properly witnessed typed will is usually easier to probate.