A holographic will is a will you write entirely in your own handwriting and sign yourself, with no witnesses. Ontario law accepts this format under section 6 of the Succession Law Reform Act, R.S.O. 1990, c. S.26 (the SLRA). The format looks simple. Mistakes can void the document or trigger long probate fights.
This guide walks you through what makes a holographic will valid in Ontario, how to write one, the risks involved, and when you should choose a formal will instead.
Only 43 percent of Canadian adults have a will, based on a May 2024 survey by Narrative Research. Roughly 54 percent of Ontarians have no will at all according to earlier BNN Bloomberg reporting. If you fall into that group, even a simple handwritten document is better than dying intestate, where Part II of the SLRA decides who gets what.
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What Is a Holographic Will?
A holographic will is a testamentary document written wholly in your own handwriting and signed by you. The word holographic comes from the Greek words for “whole” and “writing.” You do not need witnesses, a lawyer, or a notary to create one. Ontario, Alberta, Saskatchewan, Manitoba, Quebec, New Brunswick, and Newfoundland and Labrador all recognize holographic wills. British Columbia, Nova Scotia, and Prince Edward Island do not.
You can write a holographic will on any surface that holds ink. Courts elsewhere in Canada have admitted handwritten wills scribbled on napkins, scrap paper, and even a tractor fender (the famous Saskatchewan case of Cecil George Harris from 1948). The document does not need to look formal. It just needs to meet the legal tests in section 6 of the SLRA.
Is a Holographic Will Legal in Ontario?
Yes. Section 6 of the SLRA states that “a testator may make a valid will wholly by his or her own handwriting and signature, without formality, and without the presence, attestation or signature of a witness.” This rule has formed part of Ontario law since the modern SLRA came into force in 1977.
A holographic will carries the same legal weight as a formal will once a court accepts it. You can use it to name an estate trustee, leave gifts to specific people, set up trusts, and direct how your assets pass. The catch is that the court must be satisfied the document meets every legal test before granting probate.
The SLRA contains several sections that affect how a holographic will works.
| SLRA Section | What It Covers |
| Section 3 | Requires a will to be in writing |
| Section 4 | Sets the rules for formal (witnessed) wills |
| Section 6 | Recognizes holographic wills without witnesses |
| Section 7 | Governs the position of the testator signature |
| Section 8 | Sets the minimum age (18, with exceptions for married persons, armed forces members, and sailors at sea) |
| Section 18 | Controls alterations made to a will after signing |
| Section 21.1 | Allows courts to validate documents that fall short of strict formalities (in force since January 1, 2022) |
Legal Requirements for a Valid Holographic Will
A holographic will must meet four core requirements under Ontario law.
1. Entirely in Your Own Handwriting
Every word must come from your hand. You cannot type any portion. You cannot use a fill in the blanks template. You cannot have someone else write parts of it for you. Courts have ruled that mixing typewritten and handwritten text disqualifies the document as a holographic will. The Ontario Superior Court of Justice confirmed this in Re Lacroix Estate, 2021 ONSC 2919.
2. Signed by You
You must sign the document personally. Section 7(1) of the SLRA confirms that the signature should appear in a position that shows you intended to give effect by the signature to the writing signed as your will. Best practice is to sign at the very end of the writing.
Anything written below your signature usually has no legal effect. Your signature acts as the closing line of the document.
3. You Must Be at Least 18 Years Old
Section 8(1) of the SLRA sets the minimum age at 18. Exceptions exist. A person under 18 can make a valid will in Ontario if they are or have been married, a member of the Canadian Forces on active service, or a sailor at sea or in the course of a voyage.
4. You Must Have Testamentary Capacity
You must understand what you are doing when you write the will. Ontario courts apply the test from Banks v Goodfellow, an 1870 English case still followed in Canada. You must understand the nature of making a will, recall the property you own, know the people who might expect a benefit, and form a rational plan of distribution.
In Bertolo v Nadalini, 2007 CanLII 1915 (ON SC), the court rejected a handwritten document because the testator was in severe pain and on medication when she wrote it. She lacked the fixed and final intention the law requires. You can read more about this issue in our article on testamentary capacity.
How a Holographic Will Differs From a Formal Will
The two types of will serve the same purpose but follow different rules. A formal will is the kind most people picture, typed by a lawyer, witnessed by two adults, and stored in a safe. A holographic will is your handwriting, your signature, and nothing else.
| Feature | Holographic Will | Formal Will |
| Handwriting | Must be wholly handwritten | Can be typed or printed |
| Witnesses | None required | Two adult witnesses required |
| Signing presence | Sign alone | Both witnesses must be present when you sign |
| Governing section | SLRA section 6 | SLRA sections 3 and 4 |
| Typical cost | Free or near free | Legal fees around $400 to $1,500 |
| Probate risk | Higher (more disputes) | Lower (witness affidavits available) |
| Best for | Emergencies and small codicils | Standard estate planning |
| Affidavit of execution | Cannot be prepared (no witnesses) | Standard practice |
Both produce the same legal effect once the court accepts them. The difference shows up in how easy each one is to challenge and how long probate takes.
How to Write a Holographic Will in Ontario
Follow these steps to draft a valid holographic will in Ontario.
Step 1. Pick Your Paper and Pen
Use paper that holds ink well. Avoid pencil because it can fade or be erased. Use a pen with permanent ink. One sheet is best. If you need more, number every page and sign each one.
Step 2. State That This Is Your Will
Open with clear language. Something like “This is the Last Will and Testament of [your full legal name], of [your address]” makes your testamentary intent clear from the first line.
Step 3. Name Your Estate Trustee
Pick the person you trust to carry out your wishes. Identify them by full name and relationship. Name a backup in case your first choice cannot serve.
Step 4. List Your Gifts and Beneficiaries
Describe each gift in specific terms. Say who gets the house, the bank accounts, the vehicle, and any personal items of value. Use full legal names for beneficiaries. Vague language like “my friend John” causes disputes when more than one John is connected to you.
Step 5. Address the Residue of Your Estate
Add a residue clause. This catches anything you did not specifically list. Without one, leftover assets pass under the intestacy rules in the SLRA.
Step 6. Date the Document
Write the date in your own hand. This helps the court confirm which will is your last if more than one exists.
Step 7. Sign at the End
Place your usual signature at the bottom of the writing. Anything written or added after your signature has no effect, so leave nothing below it.
Step 8. Store It Safely
Keep the original in a safe place. Tell your estate trustee where to find it. A safety deposit box or fireproof safe works well. The will must be the original signed document. Photocopies do not work for probate without extra court applications.
Can a Holographic Will Be Typed?
No. A typed will is not a holographic will in Ontario. Section 6 of the SLRA requires the document to be wholly in your own handwriting. The Ontario Superior Court of Justice has refused to admit typed documents as holographic wills in case after case. If you want a typed will in Ontario, you must follow the formal requirements in section 4 of the SLRA. That means two witnesses present at the same time, each watching you sign, and each signing the will themselves.
Does a Holographic Will Need Witnesses?
No. The whole point of section 6 is that holographic wills bypass the witness requirement. Your handwriting acts as the proof of authenticity instead. This makes the will easier to create but harder to probate. Without witnesses, the court may require expert handwriting analysis or affidavits from people who knew your handwriting before admitting the will to probate.
How to Change or Revoke a Holographic Will
You can change or revoke a holographic will at any time as long as you still have mental capacity.
You can revoke a will in one of three ways under the SLRA.
- Write a new will that says it revokes all prior wills.
- Physically destroy the old will with the intention of revoking it (tear it up, burn it, or shred it).
- Sign a written declaration that revokes the will, made in the same form as the will itself.
Section 18 of the SLRA controls alterations. If you want to change a clause, write the new wording in the margin or near the change, and sign next to it. Any alteration to a holographic will requires only your signature, not witnesses. Alterations made after signing that do not follow this rule have no effect unless they completely obscure the original words.
Marriage no longer revokes a will in Ontario. Bill 245 removed that rule effective January 1, 2022. Divorce, however, still treats your former spouse as if they died before you for the purposes of gifts under your will and appointments as estate trustee, unless your will says otherwise.
Substantial Compliance Under Section 21.1 of the SLRA
Ontario moved from strict compliance to substantial compliance for wills on January 1, 2022. Section 21.1(1) of the SLRA now lets the Superior Court of Justice order that a document is valid as a will even if it does not meet all the formalities, when the court is satisfied the document sets out the testamentary intentions of the deceased.
This change matters for holographic wills because minor errors no longer always void the document. The test from Cruz v Public Guardian and Trustee, 2023 ONSC 3629, asks two questions. Is the document authentic? Does it record a deliberate or fixed and final expression of intention as to the disposal of the deceased property on death?
Section 21.1 does not apply to fully electronic wills made by a testator using a touchscreen or digital signature. The Ontario Government chose to keep that exclusion in place. Substantial compliance also applies only if the testator died on or after January 1, 2022.
How a Holographic Will Is Authenticated During Probate
When you die, your estate trustee must apply to the Ontario Superior Court of Justice for a Certificate of Appointment of Estate Trustee with a Will, the formal name for probate. With a holographic will, the trustee needs to prove the document is authentic.
The application usually includes an affidavit from someone who knew your handwriting confirming that the document is in your hand. If no one available can identify your writing, the court may require a forensic handwriting analysis. The court may also want evidence that you had testamentary capacity when you wrote it.
Advantages of a Holographic Will
A holographic will has several real benefits in the right situation.
Speed and Accessibility
You can write one in an hour with a pen and paper. There is no waiting for a lawyer to draft it or witnesses to coordinate signing. This makes it useful in emergencies, such as before a medical procedure or when you are far from legal help.
No Cost
You do not pay for legal advice, witnesses, or notarization. A pen and paper is the only equipment you need.
Privacy
No one else knows the contents. You do not have to share your wishes with witnesses or a lawyer before signing.
Useful for Codicils
A handwritten codicil can update a formal will. Ontario courts have admitted holographic codicils that modify lawyer drafted wills, as long as the codicil itself meets the section 6 requirements.
Risks and Disadvantages of a Holographic Will
The risks usually outweigh the convenience for most people.
Higher Probate Costs and Delays
Without witnesses, your estate may face longer probate timelines and higher legal fees. Some holographic will disputes in Ontario have run for more than six years, with legal fees reaching hundreds of thousands of dollars. The savings you gain by skipping a lawyer often disappear in legal bills your estate must pay later.
Greater Risk of Being Contested
Family members or excluded beneficiaries can argue the document is a forgery, that you lacked capacity, or that you wrote it under undue influence. These claims are harder to defeat without witnesses to testify about your state of mind when you signed.
Ambiguity in Wording
Without legal guidance, people use vague terms. Phrases like “my belongings” or “my share” cause litigation when family members disagree about what you meant. A drafting lawyer would catch these problems before you sign.
Risk of Being Lost or Destroyed
Holographic wills often stay in private hands. If no one can find the original after you die, the court may treat you as intestate. Photocopies are not enough in most cases.
Cannot Incorporate Typed Documents
The 2021 Re Lacroix Estate case made this rule clear. You cannot reference and attach a typed document to your holographic will and expect both to take effect. Only the handwritten portion stands as your will.
No Affidavit of Execution
A formal will normally comes with an affidavit of execution signed by a witness, which speeds up probate. A holographic will has no such document, so other proof must replace it.
Common Mistakes to Avoid
These errors show up again and again in Ontario probate courts.
Mixing Typed and Handwritten Content
Adding typed clauses or signing a typed template makes the document fail section 6. Either write the whole thing yourself or use a formal will.
Forgetting to Sign
A document with no signature is not a will. Sign at the end.
Adding Content After the Signature
Anything below your signature lacks legal effect. Place your signature at the very bottom of all wishes.
Using Pencil
Pencil fades and can be erased. Use permanent ink to protect the document over time.
Ambiguous Language
“Give my stuff to my kids” creates fights. Describe each gift and each beneficiary by full legal name.
Failing to Date the Document
If you have more than one will, the court needs to know which came last. A clear date solves this.
Storing It Where No One Can Find It
A hidden will is the same as no will. Tell your trustee where to find it.
When You Should Consider a Holographic Will
A holographic will makes sense in limited situations.
Emergencies count. If you are facing surgery, deployment, or travel to a high risk area and you do not yet have a will, a quick handwritten document is better than nothing. Replace it with a properly drafted formal will as soon as you can.
Codicils for small updates work well too. If you have a lawyer drafted will and want to change one small gift, a holographic codicil avoids a full redraft.
For everything else, a formal will written with a lawyer is the safer path. The cost of legal help, often between $400 and $1,200 for a basic will according to the 2024 Canadian Lawyer legal fee report, is small compared to the legal costs your estate may face if your holographic will is challenged.
Demet Altunbulakli, founding lawyer at Insight Law, often tells clients, “Spending an hour with a lawyer today might save your family years of court fights later. The handwritten note feels easier, but the cleanup is harder than people imagine.”
Consider working with an experienced Ontario wills lawyer to make sure your wishes hold up. The team at Insight Law Professional Corporation drafts wills tailored to your circumstances and works to reduce the risk of probate disputes after you are gone.
Frequently Asked Questions
Is a holographic will valid in Ontario?
Yes. Section 6 of the Succession Law Reform Act recognizes holographic wills as long as they are entirely in the testator handwriting and signed by the testator. The testator must also be at least 18 (with some exceptions for married persons, members of the Canadian Forces on active service, and sailors at sea) and have testamentary capacity at the time of writing.
Can a holographic will be typed?
No. A typed will does not qualify as a holographic will. The SLRA requires every word to be in the testator own handwriting. If you want a typed will, you must follow the formal execution rules in section 4 of the SLRA, which require two witnesses present at the same time when you sign.
Does a holographic will need witnesses?
No. The whole purpose of section 6 of the SLRA is to allow valid wills without witnesses. Your handwriting is the proof of authenticity. The trade off is that probate may take longer because the estate trustee must prove the handwriting belongs to you.
Does a holographic will need to be probated in Ontario?
Yes, in most cases. If the estate includes real estate, bank accounts above the financial institution threshold, or investments, the estate trustee will need a Certificate of Appointment of Estate Trustee. The court will want proof that the handwriting is yours, often through an affidavit from a relative or friend who knew your writing.
Can I update my holographic will after signing it?
Yes. You can write a new holographic will that revokes the old one, write a holographic codicil to amend it, or physically destroy the old document with the intent of revoking it. Section 18 of the SLRA controls alterations made on the face of the document. Any change must be signed by you next to the alteration to be valid.
How much does a holographic will cost compared to a formal will?
A holographic will costs nothing beyond pen and paper. According to the 2024 Canadian Lawyer legal fee report, a simple formal will costs around $600 on average, while a more complex one runs about $1,200. A package including a will and powers of attorney averages around $948. The higher cost of a formal will buys lower probate risk and clearer enforcement.
The information provided above is of a general nature and should not be considered legal advice. Every transaction or circumstance is unique, and obtaining specific legal advice is necessary to address your particular requirements. Therefore, if you have any legal questions, it is recommended that you consult with a lawyer.
