Making a Will in Nova Scotia: What You Need to Know

Nova Scotia has its own Wills Act and Probate Act governing how a will is made and how an estate is administered. Probate fees here are tied to the value of the estate, which makes planning worthwhile. This is general information, not legal advice — consult a lawyer in your province.

What makes a will valid in Nova Scotia?

Under Nova Scotia's Wills Act you must be at least 19 (the age of majority in the province, 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.

Nova Scotia recognizes holograph wills written wholly in your own handwriting and signed, without witnesses. Witnesses to a formal will should not be beneficiaries or their spouses, or the gift to that witness can fail.

Can a court accept an imperfect will?

Nova Scotia's Wills Act includes a substantial-compliance provision allowing the court to treat a document as valid if it is satisfied the document sets out the deceased's testamentary intentions, even where a formality was missed.

As elsewhere, this is a remedy of last resort. The cleaner path is to sign and witness your will exactly as the statute requires so the estate can be administered without a court fight.

How does probate work in Nova Scotia?

Probate is handled by the Probate Court (part of the Supreme Court of Nova Scotia), which issues a grant of probate or, where there is no will, a grant of administration. The grant confirms the personal representative's authority.

Nova Scotia charges probate fees on a sliding scale based on the estate's value: a flat fee for very small estates, rising to a fixed amount plus roughly $16.95 per additional $1,000 of value above the top bracket. Larger estates pay proportionally more.

Who can challenge a Nova Scotia will?

Under the Testators' Family Maintenance Act, a spouse or child who is left without adequate provision can apply to the court for greater support out of the estate, and the court can vary the will to provide it.

Nova Scotia's matrimonial property rules can also give a surviving spouse a claim to a share of matrimonial assets, which is resolved before the balance of the estate is distributed.

Can you make a Nova Scotia will online?

Yes. A will made through a quality online service is valid in Nova Scotia provided it is printed, signed, and witnessed correctly under the Wills Act. The province cares about capacity and execution, not the drafting method.

iFinallyWill creates Nova Scotia-specific wills and powers of attorney online, with the correct signing steps, lifetime updates, and a money-back guarantee. For complicated estates, pair it with legal advice.

Frequently asked questions

How many witnesses does a Nova Scotia will need?
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.
How much are probate fees in Nova Scotia?
They rise with the estate's value on a sliding scale — a flat fee for small estates, increasing to a base amount plus about $16.95 per additional $1,000 above the top bracket. Larger estates pay more.
What age can you make a will in Nova Scotia?
Generally 19, the province's age of majority, with limited exceptions for married people and members of the armed forces. You must also have mental capacity.
Can a child contest being left out of a Nova Scotia will?
Yes. Under the Testators' Family Maintenance Act a child or spouse left without adequate provision can ask the court to vary the will to provide reasonable support.