Overview
Wills are often complex and require clear and precise wording. There are also different legal requirements that need to be met in order for a will to be considered valid. There is a possibility that your wishes can be misinterpreted or determined to be invalid. Lawyers can help ensure that your will is drafted properly and that nothing is missed.
Making a will can be complicated for a number of reasons.
First, a will must be made in such a way that it is valid. Saskatchewan has legislation that sets out what a valid will requires. It is called The Wills Act.
Second, the language must be clear and unequivocal. This means there is no doubt as to your intentions. If there is confusion about what is meant, it can result in unnecessary expense, delay and disharmony.
Third, it must anticipate possible changes in circumstances between the time of making the will and the time of death.
Fourth, the person making the will (often called the testator) must understand how their will's terms will be affected by other factors.
Please see the Public Legal Education Association of Saskatchewan (PLEA) website and the Creating a Will Self-Help Kit for more information.
A Self-Help Kit and Wills template have been created to assist with the creation of a simple or uncomplicated will by outlining some of the requirements for a valid will. The kit is not designed for complex wills that involve estate planning, tax planning, and/or complicated divisions of property.
This self-help kit is not a substitute for professional legal advice. It does not address all possible situations nor does it cover all areas of applicable legislation. You use this guide entirely at your own risk. The legal process can be complicated and it is recommended that you consult with a lawyer before executing a will.
It's possible to make a will yourself, but it's usually a good idea to talk to a lawyer before making one. A lawyer can make sure you follow all the rules for making a will and help you make an estate plan that meets your needs. If you have a large or complicated estate, it might be a good idea to talk to a financial advisor as well as a lawyer. See "What does my will need to include?" above for more information.
Please see the Law Society of Saskatchewan Finding Legal Assistance feature to find a lawyer in your area.
Holographic wills are valid in Saskatchewan provided that they are entirely written in your (the testator's) own handwriting. Holographic wills do not need to be witnessed. The requirements for this type of will are as follows:
- The will must be completely in your handwriting or printed by you – it cannot be typed out, even partially. However, printing by hand is allowed. You must clearly indicate who you are leaving property to.
- You must sign and date the will
- It must be clear that you wanted to make a will – the court will look to see if you wanted to make a will when signing it. Your will cannot be made for purposes relating to fraud, or if you were forced or threatened by others into making a will.
* No witnesses are required or permitted.
Please see the Public Legal Education Association of Saskatchewan (PLEA) website and the Creating a Will Self-Help Kit for more information.