What Makes a Will Legally Valid in the Northwest Territories?

In the Northwest Territories, the Wills Act sets out what makes a will binding. There are two valid routes — a formal witnessed will or a holograph will — and the age of capacity is 19.

The NWT validity checklist

For a formal will:

1. It's in writing.
2. You sign it at the end.
3. Two witnesses, present at the same time, watch you sign and then sign themselves.
4. You're at least 19 and have testamentary capacity.

For a holograph will: it must be entirely in your own handwriting and signed — no witnesses required.

The witness rule that voids gifts

Witnesses must be capable adults who don't benefit (and aren't married to a beneficiary). A gift to a witness is generally void while the will stands. Use neutral witnesses.

Capacity

You must understand what you own, who might expect to inherit, and what the will does. Doubtful capacity invites a challenge, which is why lawyers document it and meet clients privately.

Common mistakes

• A beneficiary (or their spouse) witnessing.
• Not signing at the end.
• Witnesses not present together.
• A "holograph" that's partly typed — it must be entirely handwritten.
• No alternate executor or residue clause.
• A lost original; probate generally needs it.

Frequently asked questions

Who can witness a will in the NWT? Any capable adult who isn't a beneficiary or the spouse of one. Can a beneficiary witness a will in the NWT? They can, but it generally voids their gift — so don't allow it. How many witnesses does a will need in the NWT? Two, present together — unless it's a fully handwritten holograph will. Does a will have to be notarized to be valid in the NWT? No; notarization isn't a validity requirement.

Not legal advice. General information about Northwest Territories law as of 2026. Confirm specifics with an NWT estate lawyer.