How to Apply for Probate in Nova Scotia
Apply for probate in Nova Scotia: the Form 8 application, the appointment at Probate Court, the probate tax tiers, and the notice of grant after the grant issues.
How to Write a Will in Nova Scotia
Write a will in Nova Scotia under the Wills Act: the formal and holograph rules, choosing an executor, signing and witnessing, and where the will is probated.
Applies in: Nova Scotia
The short answer
Write it down, sign it at the end, and have two witnesses present at the same time — or write the whole thing by hand and sign it. Nova Scotia wills are governed by the Wills Act, R.S.N.S. 1989, c. 505. The Act gives you two routes to a valid will: a formal will, signed in front of two witnesses who are present at the same time, or a holograph will, written wholly in your own handwriting and signed by you. This guide covers process only. It is not legal advice, and it gives no advice about what your will should say.
Wills law is provincial. The rules below are Nova Scotia's rules, taken from the Nova Scotia statute. A form that is valid in another province may not meet Nova Scotia's requirements, and a Nova Scotia will may not meet another province's requirements.
Who can make a will in Nova Scotia
You must have reached the age of majority, which is 19 in Nova Scotia. A will made by a person under 19 is not valid unless, at the time of making it, that person is or has been married. The Wills Act lets any person dispose by will of all real property and all personal property they are entitled to at the time of their death.
Step 1: Decide what goes in the will
Before you write anything, list what you own and who should get it:
- Real property, such as a house or land.
- Personal property, such as bank accounts, investments, vehicles, and personal items.
- Who inherits each item, and what happens to anything left over.
- Who should act as executor, and who should act if that person cannot.
- A guardian for minor children, if you have them. The Act's definition of a will includes a disposition of the custody and tuition of a child.
Write the list down before you draft the will itself. A clear list makes the document shorter and easier to sign correctly.
Step 2: Choose a formal will or a holograph will
The Wills Act gives you two routes, and you must follow one of them in full.
A formal will can be typed or printed. It must be in writing and signed as section 6(1) requires: signed at the end or foot of the document by you, or by someone else in your presence and at your direction; the signature made or acknowledged by you in the presence of two or more witnesses present at the same time; and the witnesses attesting and signing the will in your presence. No particular form of attestation is necessary.
A holograph will must be wholly in your own handwriting and signed by you. Section 6(2) of the Act makes that will valid without witnesses. Every word of it must be in your handwriting: a typed document with a handwritten signature is not a holograph will, and it needs the two witnesses. A holograph will is the riskier route. Unclear wording in a handwritten document is harder to fix after you die, and the court may have to interpret it.
Step 3: Name an executor and a backup
Section 5 of the Wills Act lets you appoint one executor or more to your will. The executor is the person who will carry out the will: apply for probate, pay debts, and distribute what is left. Name a backup executor as well, in case your first choice has died or cannot act by the time the will is needed. Tell both people where the signed original is kept.
An executor is not barred from proving the will. Section 14 of the Act says no person is incompetent to prove the execution of a will on account of being an executor of it. An executor can also act as a witness without that alone voiding anything, but a witness who is also a beneficiary is a different matter, covered in the next step.
Step 4: Sign and witness it correctly
This is the step where wills most often fail, so follow the Act exactly.
For a formal will:
- Sign at the end or foot of the document. Section 7 of the Act says a signature counts if it is placed so that it is apparent on the face of the will that you intended to give effect to the writing by that signature. Nothing written below your signature takes effect, and nothing inserted after you sign takes effect.
- Sign, or acknowledge your signature, in the presence of two or more witnesses who are present at the same time.
- Both witnesses must then sign the will in your presence.
Do not name a witness as a beneficiary. Section 12 of the Act makes a gift to an attesting witness, or to the witness's spouse, void — except for an appointment as executor or a direction to pay debts. The gift stands only if there are two other competent witnesses besides that person. Choose witnesses who receive nothing under the will.
For a holograph will: write the whole document in your own handwriting and sign it. No witnesses are needed, and no other formality is required.
If a will does not meet these formal requirements, it is not automatically worthless. Section 8A of the Act lets a court order that a writing is valid and fully effective as a will if the court is satisfied that it embodies the testamentary intentions of the deceased. That is a court application after death, not a substitute for signing the will correctly now.
Step 5: Store the original and keep it current
Keep the signed original where your executor can find it, and tell your executor where it is. A will that cannot be found cannot be probated.
Review the will after every big life change, because the Act changes its effect on its own:
- Marriage revokes a will. Section 17 says every will is revoked by the marriage of the testator, unless the will declares it was made in contemplation of that marriage, or the surviving spouse elects to take under the will by a signed instrument filed in the court of probate within one year after the testator's death.
- Divorce or nullity revokes parts of a will. Section 19A says that when a marriage is terminated by a judgment absolute of divorce or declared a nullity, gifts of property to the former spouse, appointments of the former spouse as executor or trustee, and powers of appointment given to the former spouse are revoked, and the will is read as if the former spouse had died before the testator. This does not apply where a contrary intention appears in the will, a separation agreement, or a marriage contract.
- Changes after signing have no effect unless they are executed like a will. Section 20 says that crossing out, obliterating, or altering a will after it is signed is valid only if the change is executed in the manner the Act requires for a will — signed by you and witnessed — in the margin, near the change, or at the foot of a memorandum referring to it. Do not scribble changes on a signed will. Make a new will or a properly executed codicil instead.
- A revoked will is not revived by changing your mind. Section 21 says a revoked will is revived only by re-executing it or by a codicil executed as the Act requires, showing an intention to revive it.
Where the will is probated
When the will-maker dies, the executor applies to the Court of Probate for Nova Scotia for a grant of probate. The application is made on Form 8, Application for a Grant of Probate, under the Probate Court Practice, Procedure and Forms Regulations made under the Probate Act, S.N.S. 2000, c. 31. The regulations were amended most recently by O.I.C. 2026-138, effective April 14, 2026.
Proof that the will was properly signed is filed with the application: Form 2, Affidavit Proving Execution of a Will or Codicil, for a formal will, or Form 2A, Affidavit Proving Execution of Holograph Will, for a holograph will. The court issues the grant on Form 20. If there is no executor able to act, or no will, the application is instead for a grant of administration, on Form 9, or administration with the will annexed, on Form 10.
Figures the pages do not state
No probate fee or probate tax amount is stated in this guide, because no fee could be verified on an official page. No processing time for a grant of probate is stated for the same reason. No lawyer, notary, or will-kit cost is stated. No rule about registering, depositing, or storing a will with a court or registry is stated, because none could be verified on an official page. No electronic-will rule is stated. Confirm any fee or timeline with the Court of Probate before you rely on a figure from another source.
Related guides
Writing a will in Nova Scotia, in five steps
- List what you own and who should get itWrite down your property and accounts, decide who inherits each item, and name the person who will carry out the will
- Choose a formal will or a holograph willA formal will is signed in front of two witnesses present at the same time; a holograph will must be wholly in your own handwriting and signed, with no witnesses needed
- Name an executor and a backupThe Wills Act lets you appoint one or more executors; name a backup in case the first choice cannot act
- Sign it correctly at the endSign at the end of the document, with nothing that gives property away written below your signature, and have both witnesses sign in your presence if you use a formal will
- Store the original safely and review it after big life changesKeep the signed original where your executor can find it, and make a new will or a properly executed codicil after marriage or divorce
Questions people ask
What makes a will valid in Nova Scotia?
Under the Wills Act, a will must be in writing. A formal will must be signed at its end by you, or by someone else in your presence and at your direction, and that signature must be made or acknowledged by you in the presence of two or more witnesses present at the same time, who then sign the will in your presence. A holograph will is the exception: it must be wholly in your own handwriting and signed by you, with no witnesses needed. Anything written below your signature does not take effect.
How old do I have to be to make a will in Nova Scotia?
You must have reached the age of majority, which is 19 in Nova Scotia. A will made by a person under 19 is not valid unless, at the time of making it, that person is or has been married.
What is the difference between a formal will and a holograph will in Nova Scotia?
A formal will can be typed or printed. It must be signed at its end in front of two witnesses who are present at the same time and who then sign it in your presence. A holograph will must be written wholly in your own handwriting from start to finish and signed by you. No witnesses are needed for a holograph will. A typed document with a handwritten signature is not a holograph will, so it needs the two witnesses. Holograph wills are the riskier route: unclear wording is harder to fix after you die.
Can my witnesses inherit anything in my will?
Do not name a witness as a beneficiary. A gift to an attesting witness, or to the witness's spouse, is void under the Wills Act, although the witness can still prove the will was properly signed. The exception is narrow: the gift stands if there are two other competent witnesses besides that person. Appointing a witness as your executor does not void anything, and an executor can act as a witness.
Does getting married cancel my will in Nova Scotia?
Yes, marriage revokes a will, unless the will says it was made in contemplation of that marriage, or the surviving spouse elects to take under the will by a signed instrument filed in the court of probate within one year after the testator's death. Divorce has a different effect: a divorce or declaration of nullity revokes gifts to the former spouse and any appointment of the former spouse as executor or trustee, and the will is read as if the former spouse had died before you, unless the will, a separation agreement, or a marriage contract says otherwise.
Where is a Nova Scotia will probated?
In the Court of Probate for Nova Scotia, in the probate district where the application is made. The executor applies for a grant of probate on Form 8, Application for a Grant of Probate, under the Probate Court Practice, Procedure and Forms Regulations. Proof that the will was properly signed is filed with the application, on Form 2 for a formal will or Form 2A for a holograph will.
Sources
- Nova Scotia House of Assembly, Wills Act — the formal execution rules in section 6, the holograph rule in section 6(2), executor appointment in section 5, gifts to witnesses in section 12, court validation in section 8A, marriage and divorce in sections 17 and 19A, alterations in section 20, and revival in section 21.
- Nova Scotia House of Assembly, Age of Majority Act — the age of majority is 19.
- Government of Nova Scotia, Probate Court Practice, Procedure and Forms Regulations — Form 8 Application for a Grant of Probate, Forms 2 and 2A proving execution, Form 20 Grant of Probate, and the April 14, 2026 amendment.