Wills and Estates Lawyers in Canada: What They Do and What They Cost

By Experts.ca EditorialUpdated May 28, 2026

A wills and estates lawyer helps you put your wishes in writing and makes sure they hold up after you're gone. From drafting a will to setting up powers of attorney and guiding families through probate, these lawyers handle some of the most important — and most overlooked — paperwork in your life. This guide explains what they do, what a will typically costs in Canada, when do-it-yourself options make sense, and how probate fees differ across the provinces.

This is general information, not legal advice. Family, estate, and succession law is provincial, so the rules, fees, and formal requirements differ depending on where you live. Speak with a licensed lawyer or notary in your province (or a notary in Quebec) about your specific situation.

What a wills and estates lawyer does

Wills and estates lawyers focus on planning for, and administering, the transfer of your property and the care of your affairs. Their work usually falls into a few core areas:

  • Drafting a will — a legal document naming an executor, beneficiaries, and a guardian for minor children, and setting out how your assets are distributed.
  • Powers of attorney — separate documents that let someone act for you if you can't: one for property/finances and one for personal care or health decisions (names vary by province, e.g. 'representation agreement' in BC, 'enduring power of attorney' in Alberta).
  • Estate planning — broader strategy that can include minimizing taxes, charitable giving, and coordinating with beneficiary designations on RRSPs, TFSAs, and life insurance.
  • Trusts — setting up structures to hold assets for minors, dependants with disabilities, or to spread out an inheritance over time.
  • Probate — applying to the court to confirm a will's validity and the executor's authority.
  • Estate administration — guiding the executor through collecting assets, paying debts and taxes, and distributing what's left to beneficiaries.

What a will and power of attorney cost

Cost depends on the complexity of your estate, your province, and whether the lawyer charges a flat fee or hourly rate. As a general guide based on published Canadian sources:

  • Simple lawyer-drafted will: commonly $300 to $1,000. Industry estimates put the Canadian average around $600.
  • Will plus powers of attorney package: typically more than a will alone; firms often bundle a will with property and personal-care POAs.
  • Couples' mirror wills: two near-identical wills (e.g. for spouses) are often priced as a discounted package rather than two full fees.
  • Complex estates: wills involving trusts, business interests, blended families, or tax planning commonly run $1,000 to $2,000+, sometimes higher.
  • Online/DIY wills: the cheapest option, often $0 to roughly $300, depending on the platform.

Always confirm in advance whether the quote is a flat fee or hourly, and what's included (revisions, POAs, storage of the original document).

DIY and online wills vs. a lawyer

Online will platforms and DIY kits are inexpensive and convenient, and for a young person with a straightforward financial picture they can be a reasonable starting point. The trade-off is that you're responsible for getting the details right.

When DIY can work

  • Simple estate, no business or complex assets
  • Clear, uncontested beneficiaries
  • You carefully follow your province's signing and witnessing rules

When DIY is risky

  • Blended families, dependants with disabilities, or potential disputes
  • Business ownership, trusts, or significant tax-planning needs
  • Improper execution — for example, a beneficiary acting as a witness, or failing to meet provincial witnessing or notarization rules, can make a will invalid
  • Quebec, where notarial wills follow a distinct civil-law process and avoid probate entirely

An invalid or contested will can cost an estate far more in legal fees than was saved upfront, so the more complex your situation, the stronger the case for professional help.

Probate and estate administration tax by province

Probate is the court process that confirms a will is valid and authorizes the executor to act. Many provinces charge a fee — sometimes called estate administration tax or probate fees — based on the value of the estate. These differ significantly across Canada (figures below are general published 2026 estimates and should be verified with the province):

  • Ontario: Estate Administration Tax of $0 on the first $50,000, then $15 per $1,000 (1.5%) on the value above $50,000.
  • British Columbia: roughly $0 on the first $25,000, $6 per $1,000 up to $50,000, and $14 per $1,000 above $50,000.
  • Alberta: flat surrogate court fees on a sliding scale, capped at $525 regardless of estate size.
  • Saskatchewan: about $7 per $1,000 of estate value.
  • Quebec: notarial wills are not probated (no fee); other wills require court verification at a modest cost.
  • Atlantic provinces (NS, NB, PEI, NL): scaled fees that vary by province, generally rising with estate value.

Separately, Canada has no formal inheritance or estate 'death tax,' but the Canada Revenue Agency treats a person as having disposed of their assets at fair market value on death (deemed disposition), which can trigger capital gains tax in the final return. Probate fees and income tax are different things.

Why a will and powers of attorney matter — and how to choose a lawyer

If you die without a will (intestate), provincial law decides who inherits using a fixed formula — and that may not match your wishes. In several provinces, common-law partners may receive nothing unless named in a will, and the court appoints someone to administer the estate. Powers of attorney are just as important: without them, no one automatically has authority to manage your finances or health decisions if you become incapacitated, and your family may have to apply to a court or tribunal for guardianship.

When choosing a lawyer, look for someone licensed in your province who focuses on wills and estates, ask for a flat-fee quote and a list of what's included, and confirm they'll prepare powers of attorney alongside your will. A short initial consultation is a good way to gauge fit before committing.

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Ready to hire? Browse vetted wills & estates lawyers across Canada on Experts.ca and request quotes in your area.

Frequently Asked Questions

How much does a will cost in Canada?
A simple lawyer-drafted will commonly costs $300 to $1,000, with the Canadian average around $600. Complex estates involving trusts or businesses often run $1,000 to $2,000 or more. Online and DIY wills are cheaper, typically $0 to about $300. Always confirm whether the fee is flat or hourly.
What does a wills and estates lawyer actually do?
They draft wills and powers of attorney, build estate plans, set up trusts, and guide executors through probate and estate administration — confirming a will's validity, paying debts and taxes, and distributing assets to beneficiaries. Family and estate law is provincial, so the specifics vary by where you live.
Is an online or DIY will valid in Canada?
It can be, if it meets your province's requirements for signing and witnessing. But mistakes — like a beneficiary acting as a witness or improper execution — can invalidate it. DIY is riskier for blended families, businesses, trusts, or potential disputes. Quebec follows a distinct notarial process.
What are probate fees and do all provinces charge them?
Probate fees (estate administration tax in Ontario) are charged by the court to confirm a will and authorize the executor, usually based on estate value. They vary widely: Ontario charges 1.5% above $50,000, Alberta caps fees at $525, and Quebec notarial wills avoid probate. Verify current rates with your province.
What happens if I die without a will in Canada?
You're considered intestate, and provincial law decides who inherits using a set formula that may not reflect your wishes. Common-law partners may receive nothing unless named, and a court appoints someone to administer the estate, which adds time, cost, and stress for your family.