How to Write a Will in New Brunswick
Write a will in New Brunswick under the Wills Act — the formal will with two witnesses, the holograph will, naming an executor, and what the executor files for probate.
How to Write a Will in Nunavut
Writing a will in Nunavut: the two-witness formal will, the wholly and partly handwritten holograph rules, and why remote witnessing is not yet allowed.
Applies in: Nunavut
The short answer
In Nunavut, a formal will must be signed by the testator in the presence of two witnesses, who sign or acknowledge their signatures in the testator's presence — but Nunavut also recognises holograph wills, wholly handwritten and signed, and has a Nunavut-only rule for certain partly handwritten wills. The governing law is the Wills Act, R.S.N.W.T. (Nu.) 1988, c. W-5, last amended in 2005. Nunavut also has a general court-validation power for documents that do not meet every formality.
This guide is process only. It walks Nunavut's own execution and witness rules, as the opened Assembly document and the Uniform Law Conference workbook state them. It gives no legal advice, and it does not advise you on what to leave to whom, who should be executor, or whether your situation needs a lawyer. No Nunavut government wills guide page was found or opened, so this guide is deliberately narrow: it states only what those two opened sources support. For a complex estate, property in more than one province or territory, a business, children from an earlier relationship, or any doubt about capacity or wording, see a lawyer before signing. This guide does not re-summarize the national will guide: every rule below is Nunavut's own.
The formal will: two witnesses
Section 5 of the Act mandates that a will must be signed by the testator in the presence of two witnesses, who must sign or acknowledge their signatures in the testator's presence. That wording is quoted in the July 2025 letter from Perrie Law of Rankin Inlet to the Legislative Assembly of Nunavut, tabled as Assembly document TD-429-6(2). The letter states that under the current Wills Act, last amended in 2005, there is no explicit provision allowing remote witnessing of wills.
The holograph will: wholly handwritten, and partly handwritten
Nunavut recognises holograph wills. The Uniform Law Conference of Canada workbook lists Nunavut among the eleven Canadian jurisdictions allowing holograph wills, under section 5.1(2) of the Nunavut Act, for a will wholly in the testator's own writing. Nunavut went further in its 2005 amendments: it enacted the Conference's definition of "own writing" — handwriting, footwriting, mouthwriting, or writing of a similar kind — and is currently the only Canadian jurisdiction to have that provision for holograph wills.
Nunavut also has an express provision that validates holograph wills partly in the testator's handwriting, while keeping the parallel provision that validates holograph wills wholly in the testator's handwriting. That partly-handwritten rule is Nunavut-only. Check its requirements in the Act itself before relying on a partly handwritten will, because the opened sources do not state its conditions.
A holograph will is not a shortcut for a complex estate. Handwriting, clarity, and proof of handwriting can become issues later, so treat it as an emergency form, not a plan, unless a lawyer advises otherwise.
The court's validation power
Nunavut has a general dispensing power based on the work of the Uniform Law Conference of Canada. To date, Nunavut is the only Canadian jurisdiction to have adopted the Conference's solution to the problem of unwitnessed printed will forms with handwritten entries. The 2025 letter to the Assembly refers to a flexible validation standard "similar to Section 13.1 but expanded" and asks the Assembly to expand it — but the letter does not quote section 13.1, and its actual scope could not be verified from an opened page. This guide therefore does not state the wording of the power. Ask a lawyer before relying on it.
Remote witnessing: not allowed
During the COVID-19 pandemic, Nunavut introduced temporary provisions to permit remote witnessing by videoconference. The territory did not adopt such measures in the long term and has yet to make any permanent changes. The 2025 letter asks the Assembly to allow remote witnessing by videoconference, allow electronic signatures and digital wills, adopt a flexible court-validation standard, and allow remote commissioning. Those are requests, not enacted law. Do not sign a will by video, and do not use an electronic signature, unless a lawyer confirms a current rule allows it.
Who must not witness
No witness-benefit rule could be verified from an opened official Nunavut page, so this guide states none. Do not use a beneficiary as a witness in any case. Use two witnesses who inherit nothing under the will.
What the opened pages do not state
No minimum age for making a will could be verified from an opened official Nunavut page. No writing or signature-at-the-end rule, no witness-presence-together rule, and no witness age are stated in the opened sources. No witness-benefit rule is stated. No holograph date requirement is stated. No Nunavut government wills guide page was found or opened. The Nunavut Wills Act consolidation on the Nunavut legislation site, the Nunavut Courts operational directives on wills, and the 2005 amending Act were not opened. Confirm every rule in the current Act before signing.
Related guides:
- How to Apply for Probate in Nunavut — Nunavut's probate process, which is where a will is proved after death.
- How to Make a Will in Canada — the national wills guide, which routes six provinces and states none of the territorial rules.
- How to Write a Will in Yukon — Yukon's own execution and witness rules, including its holograph provision.
- How to Write a Will in the Northwest Territories — the Northwest Territories' own execution and witness rules, including marriage revocation.
- How to Start Making a Power of Attorney in Canada — powers of attorney for decisions during life, a separate document from a will.
- How to Order a Death Certificate in Canada — the death certificate the executor needs as proof of death.
Writing a will in Nunavut, in five steps
- Decide the gifts, the executor, and guardianship wishesList the property, who receives it, and who will carry out the will, and confirm each person named is willing
- Write the will and sign it before two witnessesSection 5 of the Wills Act requires the testator to sign in the presence of two witnesses, who sign or acknowledge their signatures in the testator's presence
- Or write a holograph will insteadNunavut recognises a will wholly in your own writing and signed by you, and has a separate rule for certain partly handwritten wills
- Do not rely on remote witnessingTemporary video witnessing from the pandemic was not adopted long term, and there is no explicit provision allowing it
- Keep the signed original where it will be foundTell the executor where the original is, and ask a lawyer about the court's validation power before relying on an unwitnessed form
Questions people ask
How many witnesses does a formal will need in Nunavut?
Two. Section 5 of the Nunavut Wills Act mandates that a will must be signed by the testator in the presence of two witnesses, who must sign or acknowledge their signatures in the testator's presence. That is stated in a 2025 letter from a Rankin Inlet law firm to the Legislative Assembly of Nunavut, tabled as an Assembly document, which quotes the current Act, last amended in 2005.
Is a handwritten holograph will valid in Nunavut?
Yes. Nunavut recognises a will wholly in the testator's own writing and signed by the testator, under section 5.1(2) of the Wills Act. Nunavut also has an express provision that validates holograph wills partly in the testator's handwriting, and has kept the parallel provision that validates holograph wills wholly in the testator's handwriting. That partly-handwritten provision is Nunavut-only in Canada. Check the requirements of the partly-handwritten rule in the Act itself before relying on it.
What is Nunavut's court validation power for wills?
Nunavut has a general dispensing power based on the work of the Uniform Law Conference of Canada, and it is the only Canadian jurisdiction to have adopted the Conference's solution to unwitnessed printed will forms with handwritten entries. That means a court can validate a document that does not meet every formality. The scope of the power, including the section 13.1 standard referred to in the 2025 letter to the Assembly, could not be verified from an opened page, so this guide does not state its wording. Ask a lawyer before relying on it.
Can I sign a will by video in Nunavut?
No, not under a permanent rule. During the COVID-19 pandemic, Nunavut introduced temporary provisions to permit remote witnessing by videoconference, but the territory did not adopt such measures in the long term and has yet to make any permanent changes. A 2025 letter to the Legislative Assembly asks for remote witnessing, electronic signatures, digital wills, and a flexible court-validation standard, but those are requests, not enacted law. Do not sign by video unless a lawyer confirms a current rule allows it.
Who can make a will in Nunavut?
No minimum age could be verified from an opened official Nunavut page, so this guide states none. The Uniform Law Conference workbook treats 19 as the age of majority for Nunavut in its passage on the Royal Canadian Mounted Police exception, which allows members of the Royal Canadian Mounted Police under 19 to make a will. Confirm the age rule in the current Wills Act before signing.
Can a witness also inherit under a Nunavut will?
No witness-benefit rule could be verified from an opened official Nunavut page, so this guide states none. Do not use a beneficiary as a witness in any case: the national will guide shows that other provinces void a gift to an attesting witness, and a Nunavut will should be signed before two witnesses who inherit nothing under it. Confirm the rule in the current Wills Act before signing.
Sources
- Perrie Law, Letter to the Legislative Assembly of Nunavut, July 26, 2025 — section 5 of the Wills Act requiring two witnesses, the Act last amended in 2005, no explicit provision allowing remote witnessing, the temporary pandemic video provisions not adopted long term, and the requests for remote witnessing, electronic signatures, and an expanded validation standard.
- Uniform Law Conference of Canada, Renewal of the Uniform Wills Act (2011) — Nunavut listed among the jurisdictions allowing holograph wills under section 5.1(2), the 2005 "own writing" definition unique to Nunavut, the partly-handwritten holograph provision, the general dispensing power unique to Nunavut, and the Royal Canadian Mounted Police under-19 exception.