PEI Wills Act 2025: Holographic Wills, Witnessing Rules, and Beneficiary Witnesses

PEI significantly updated its wills legislation with the Wills Act (Bill 31, 2025), introducing new rules about what makes a will valid, when handwritten wills are acceptable, and what happens when a beneficiary was also a witness. If you're settling an estate or planning your own, these changes matter.

What Makes a Formal Will Valid in PEI

Under the updated Wills Act, a formal (typed or printed) will must meet these requirements:

1. In writing — the will must be in written form
2. Signed by the testator — the person making the will must sign at the end of the document (or direct someone else to sign in their presence)
3. Two witnesses present simultaneously — both witnesses must be physically present at the same time when the testator signs (or acknowledges their signature)
4. Both witnesses sign — each witness must sign the will in the presence of the testator

The "simultaneously present" requirement is the key procedural point. In some other jurisdictions, witnesses can sign at different times. In PEI, they must be present together when the testator executes the document.

Remote witnessing is not permitted in PEI. Unlike some Canadian provinces that introduced video witnessing during the pandemic and kept it permanently, PEI requires all witnesses to be physically present. Witnessing via video call is not valid.

Holographic Wills: Now Formally Valid in PEI

This is one of the most significant changes in the 2025 legislation. The updated Wills Act formally validates holographic wills in Prince Edward Island.

A holographic will is a will that is:

• Entirely written in the testator's own handwriting — every word, not just the signature
• Signed by the testator — at the end of the document

Holographic wills do not require any witnesses. There are no formal witnessing rules if the entire document is handwritten.

What this means for estate settlement: Before assuming there is no will, search carefully for handwritten documents. A letter, a note, or a personal journal entry written entirely in the deceased's handwriting that appears to address the distribution of their property could be a valid holographic will under the 2025 Act.

If you find what might be a holographic will:

• Do not alter or destroy the document
• Consult a PEI estate lawyer before proceeding
• The court will assess whether the document meets the requirements for a valid holographic will

The Beneficiary Witness Problem

Here is one of the most consequential provisions of PEI's Wills Act — and one that causes real problems in some estates:

If a person who is a beneficiary under the will (or their spouse) acted as one of the two witnesses to the will, their gift under the will is generally void.

The logic is straightforward: a beneficiary who witnesses a will has a financial interest in the document being executed and accepted. This creates a conflict of interest that the law addresses by voiding their bequest.

Practical example: John's will leaves his car to his daughter Sarah and his house to his son Michael. Sarah was present as a witness when John signed his will. Under PEI's Wills Act, Sarah's gift (the car) is likely void — it would not be distributed to her. The rest of the will remains valid; only Sarah's specific bequest is affected.

The exception: The Supreme Court of PEI has the discretion to order that a gift to a beneficiary-witness be valid if it determines that the testator had no undue influence from that witness, and that the gift should stand. The executor must apply to the court for this relief.

If you discover this situation: Stop immediately. Do not distribute anything to the beneficiary who was also a witness. Consult a PEI estate lawyer and file an application with the Supreme Court for a ruling on whether the gift should be saved.

Contesting a Will in PEI

Beyond beneficiary-witness issues, a will can be challenged in PEI on several grounds:

Lack of testamentary capacity: The testator lacked the mental capacity to understand what a will is, the nature of their estate, and who their natural heirs are at the time the will was signed.

Undue influence: Someone exerted pressure on the testator to include or exclude specific provisions against the testator's true wishes.

Improper execution: The will was not signed or witnessed correctly under the Wills Act requirements.

Fraud or forgery: The signature was forged, or the testator was deceived about the nature of what they were signing.

Will contests are heard by the Supreme Court of PEI. They are expensive, time-consuming, and emotionally draining for everyone involved. If there are grounds to challenge a will, consult a PEI estate litigation lawyer before filing or distributing anything from the estate.

Power of Attorney: Ends at Death

A related point that frequently confuses families: a Power of Attorney becomes legally void the moment the principal dies. If someone was managing the deceased's finances under a Power of Attorney while they were alive, that authority ended at the moment of death.

After death, the only person with authority to manage the estate is the executor named in the will (or the administrator appointed by the court). If the deceased's former Power of Attorney was also named executor in the will, they can continue in that capacity — but their authority now derives from the will and the probate grant, not the Power of Attorney.

The Prince Edward Island Estate Settlement Guide covers the full range of will-related issues that arise in PEI estate settlement — including how to identify a valid holographic will, the beneficiary-witness problem, and when to escalate to legal counsel before proceeding.

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