Making a Will in Saskatchewan: What You Need to Know

Saskatchewan sets its own rules for making a valid will, naming an executor, and obtaining probate. Its modern Wills Act includes a court power to save documents that fall short of strict formalities. This is general information, not legal advice — consult a lawyer in your province.

What makes a will valid in Saskatchewan?

Under The Wills Act, 1996 you must be at least 18 (with narrow exceptions) and have testamentary capacity. A formal will must be in writing, signed by you at the end, and witnessed by two people who sign while you are present.

Saskatchewan also recognizes holograph wills written entirely in your handwriting and signed, with no witnesses needed. Witnesses to a formal will should not be beneficiaries or their spouses, since witnessing can void their gift.

Can a court validate an imperfect will?

Saskatchewan's Wills Act gives the Court of King's Bench a dispensing power to declare a document or writing a valid will if the court is satisfied it embodies the deceased's testamentary intentions, even without full compliance with the signing rules.

This is helpful where, for example, a will was signed but a witness step was missed. Because court applications are slow and expensive, it should be treated as a backstop rather than a plan.

How does probate work in Saskatchewan?

Probate in Saskatchewan is granted by the Court of King's Bench, which issues letters probate (or letters of administration when there is no will). The grant proves the executor's authority to financial institutions and the Information Services Corporation land registry.

Saskatchewan charges a court fee of roughly $7 per $1,000 of the estate's value (about 0.7%), with small estates handled under a simplified process. There is no separate provincial estate tax beyond this court fee.

Who can claim against a Saskatchewan estate?

Under The Dependants' Relief Act, 1996, a spouse, common-law partner, or child who was being supported by the deceased can ask the court for greater provision if the will leaves them inadequately provided for.

Saskatchewan's family property rules can also give a surviving spouse a claim to a share of family property, which is settled before the remaining estate is distributed under the will.

Can you make a Saskatchewan will online?

Yes. A will created with a reputable online service is valid in Saskatchewan provided it is printed, signed, and witnessed correctly. Validity flows from capacity and proper execution, not from who drafted the wording.

iFinallyWill builds Saskatchewan-specific wills and powers of attorney online, with province-correct signing instructions, lifetime updates, and a money-back guarantee. Seek legal advice for complex estates such as farms or blended families.

Frequently asked questions

How many witnesses does a Saskatchewan 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.
Does Saskatchewan charge probate fees?
Yes — a court fee of about $7 per $1,000 of the estate (roughly 0.7%). There is no additional provincial estate tax, and small estates use a simpler process.
Is a handwritten will legal in Saskatchewan?
Yes. A holograph will written entirely in your own handwriting and signed is valid without witnesses, though a properly witnessed typed will is usually clearer and easier to probate.
Can my will be saved if I forget a witness?
Possibly. The Court of King's Bench can use its dispensing power to validate a document that clearly shows your intentions. It is uncertain and costly, so execute your will correctly the first time.