How to Make a Valid Will in Ontario

A will is the most important legal document you'll ever create. In Ontario, dying without a valid will (dying "intestate") means the government — not you — decides who gets your assets. Here's how to create a will that holds up.

Requirements for a Valid Will in Ontario

Under the Succession Law Reform Act, a valid will in Ontario must be:

• In writing (typed or handwritten)
• Signed by you at the end of the document
• Witnessed by two people who are both present when you sign, and who both sign in your presence
• Witnesses cannot be beneficiaries of the will or their spouses

Holograph Wills

Ontario also recognizes holograph wills — wills that are entirely handwritten and signed by you, with no witnesses required. However, holograph wills are more likely to be challenged and should only be used as a last resort.

What Should Your Will Include?

• Name and contact information for your executor
• Specific gifts of property or money
• Who receives the residue of your estate
• Guardian for minor children
• Funeral wishes
• Trusts for minor beneficiaries

Choosing an Executor

Your executor administers your estate — collecting assets, paying debts, filing tax returns, and distributing to beneficiaries. Choose someone organized, trustworthy, and willing to take on the responsibility. Many people choose a family member, close friend, or their lawyer.

When to Update Your Will

Update your will after major life events: marriage, divorce, birth of children or grandchildren, death of a beneficiary or executor, or significant changes in your assets. Marriage automatically revokes a previous will in Ontario unless the will was made in contemplation of that marriage.