A will is a legal document that tells everyone how you want your property handled after you die and who you trust to carry out those wishes. In Ontario, the Succession Law Reform Act sets the rules for making a valid will, who can witness it, and what happens to your estate if you never make one. A will lets you name an executor, choose a guardian for your minor children, and decide who receives your assets, instead of leaving those decisions to a fixed government formula.
Most people put a will on a to do list and never finish it. A May 2024 national survey found that only 43 percent of Canadians have a will, while 53 percent have none and the rest are unsure. If you die without a will in Ontario, the province decides who inherits and who manages your estate, and the result often surprises the people you leave behind.
This guide explains what makes a will valid in Ontario, the main types of wills, how to choose an executor, what happens during intestacy, and how recent changes to the law affect you. If you want help preparing or updating a will, speak with an experienced Ontario wills and estates lawyer.
What Is a Will?
A will, also called a last will and testament, is a written document in which you set out how you want your assets divided after death and who you appoint to carry out those instructions. The person who makes the will is the testator. The people or charities who receive assets are the beneficiaries. The person who administers the estate is the executor, known in Ontario law as the estate trustee.
A will only takes effect when you die. Until then you can change it, replace it, or revoke it at any time, as long as you are mentally capable. A will lets you do four main things.
- Decide who receives your money, property, and personal belongings.
- Name an executor you trust to settle your affairs.
- Choose a guardian for your minor children.
- Create a trust to hold and manage gifts for children or beneficiaries who need extra support.
A will is one part of a wider estate plan, which can also include a power of attorney, beneficiary designations, and tax planning.
“People assume their spouse automatically gets everything. When there are children and no will, that is often not what the law actually delivers.”
– Demet Altunbulakli, Founding Lawyer, Insight Law Professional Corporation
What Are the Legal Requirements for a Valid Will in Ontario?
For a standard will to be valid in Ontario, you must be at least 18 years old, mentally capable, and act voluntarily. You must put the will in writing and sign it at the end in front of two witnesses, who must both sign while you and each other are present. The five core requirements are explained below.
1. Legal Capacity
You must understand that you are making a will, know roughly what you own, and understand who would normally expect to inherit from you. This is called testamentary capacity. If a will is challenged later, the court looks closely at whether you had this capacity when you signed.
2. Minimum Age
You must be at least 18 to make a will in Ontario. The law allows a few narrow exceptions, such as a person who is married, a member of the armed forces on active service, or a sailor at sea. Outside those situations, a will made by someone under 18 is not valid.
3. Voluntary Intention
You must make the will freely. A will signed under pressure, threats, or undue influence can be set aside. The document should reflect your own wishes, not the wishes of someone who stands to gain from it.
4. In Writing and Signed
A formal will must be in writing and signed by you at the end of the document. Your signature shows that you approve everything above it. Anything added below the signature may not count, so the signature belongs at the very end.
5. Two Witnesses
Two witnesses must watch you sign and then sign the will themselves while you and the other witness are present. A witness must not be a beneficiary or the married spouse of a beneficiary. If a beneficiary signs as a witness, the gift to that person can be void, even though the will itself stays valid. To avoid this problem, choose neutral witnesses who gain nothing under the will. You can read more about common will challenges and how to prevent them.
Can a Will Be Witnessed Online in Ontario?
Yes. Ontario made virtual witnessing a permanent option. You can sign your will over a live video link where everyone can see, hear, and speak to each other at the same time. For a virtual signing, at least one of the two witnesses must be a lawyer or paralegal licensed in Ontario. You still need real ink signatures on the document, since electronic signatures are not accepted on wills, and the signatures can be made on identical copies that together form one will.
What If a Will Does Not Meet Every Formality?
For deaths on or after January 1, 2022, the Ontario Superior Court of Justice can validate a document that does not meet all the formal rules if the court is satisfied that it sets out the person’s true final wishes. Courts have used this power to save wills that a lawyer forgot to witness or that were never formally signed. This is a safety net, not a substitute for getting it right. The cleanest way to protect your wishes is still a properly signed and witnessed will.
How Do You Make a Will in Ontario?
To make a will in Ontario, list your assets, decide who inherits, choose an executor and a guardian for any minor children, put the instructions in writing, and sign the document with two witnesses. The steps are set out below.
- List your assets and debts so you have a clear picture of your estate, including property, accounts, investments, and personal items.
- Decide who receives what, including specific gifts, percentages of the estate, and backup beneficiaries in case someone dies before you.
- Choose an executor you trust to handle the work, and name an alternate in case your first choice cannot act.
- Name a guardian for any children under 18 so the court does not have to choose for you.
- Put the will in clear written form, then sign it at the end in front of two qualified witnesses who also sign.
- Store the original safely and tell your executor where to find it.
You can write a will on your own, use an online service, or hire a lawyer. A lawyer becomes especially valuable when you own a business, have a blended family, hold property in more than one country, or want to reduce tax and probate costs.
What Are the Types of Wills in Ontario?
Ontario recognizes several kinds of wills. The right one depends on how complex your estate is and what you want to achieve. The table below compares the most common options.
| Type of Will | What It Does | Best For |
| Simple will | Names an executor and beneficiaries and divides assets in a straightforward way. | People with uncomplicated estates. |
| Testamentary trust will | Creates a trust on death so a trustee manages gifts over time. | Minor children or beneficiaries who need support. |
| Mirror wills | Two near identical wills, usually for a couple, each able to change theirs. | Couples with matching wishes who want flexibility. |
| Multiple wills | A primary will for probated assets and a secondary will for assets that avoid probate, such as private company shares. | Business owners reducing probate costs. |
| Holographic will | Entirely handwritten and signed by you, with no witnesses required. | Urgent situations only. |
A holographic will is valid in Ontario without witnesses, but only if you write the whole document by hand and sign it. These wills are easy to challenge because of unclear wording, so use them only when you have no other option.
A living will is different from the wills above. It records your wishes about medical care if you cannot speak for yourself, and it does not deal with your property. In Ontario this usually forms part of a power of attorney for personal care rather than a will.
How Do You Choose an Executor?
Your executor, or estate trustee, gathers your assets, pays your debts and taxes, applies for probate if needed, and distributes what is left to your beneficiaries. It is a demanding role, so choose carefully. Weigh the following factors.
- Trust and honesty, since this person controls your assets and answers to your beneficiaries.
- Financial sense, because the role involves managing money, filing taxes, and keeping records.
- Time and availability, as settling an estate can take many months or longer.
- Location, since an executor who lives far away can face practical and tax complications.
Always name at least one alternate executor in case your first choice cannot or will not act. You can also appoint a trust company or a lawyer if your estate is large or your family situation is complex.
What Happens If You Die Without a Will in Ontario?
If you die without a will, you die intestate, and the Succession Law Reform Act decides who inherits and in what order. You lose all say over who manages your estate and who receives your assets. The court appoints an administrator, the process often costs more and takes longer, and the outcome may not match what you wanted.
A key point catches many families off guard. Only a legally married spouse inherits on an intestacy. A common law partner has no automatic right to inherit, no matter how long you lived together. A separated married spouse is also treated as having died before you in most cases, so they do not inherit either.
When there are children, the married spouse first receives a preferential share. For deaths on or after March 1, 2021, that preferential share is $350,000. The spouse then shares the rest with the children. The table below shows how the estate is divided.
| Your Family Situation | How the Estate Is Divided |
| Married spouse, no children | The spouse inherits the entire estate. |
| Married spouse and one child | The spouse receives the first $350,000, then the spouse and child split the rest equally. |
| Married spouse and two or more children | The spouse receives the first $350,000, then the spouse keeps one third of the rest and the children share two thirds. |
| Children but no spouse | The children inherit equally. |
| No spouse and no children | The estate passes to parents, then siblings, then more distant relatives. |
| Common law partner only | No automatic inheritance under intestacy rules. |
A surviving married spouse can sometimes choose an equalization payment under the Family Law Act instead of taking under intestacy, and they have six months from the date of death to decide. A common law partner or a dependant who received support may also bring a claim, but that means going to court rather than relying on a clear inheritance. A will avoids all of this guesswork.
How Do You Change or Revoke a Will?
You can change your will at any time while you are mentally capable. You have two main options. You can make a codicil, which is a short signed and witnessed document that updates specific parts of your existing will. Or you can make a new will that revokes the old one, which is usually the cleaner choice for major changes. Crossing out lines on your original will is not reliable and can create disputes.
Does Marriage Cancel a Will in Ontario?
No, not anymore. For marriages on or after January 1, 2022, getting married no longer revokes your existing will. Before that date, marriage automatically cancelled most wills. This change is not retroactive, so a will revoked by a marriage that happened before 2022 stays revoked. If you married before 2022 and never updated your will, you should review it with a lawyer.
What Happens to My Will If I Divorce or Separate?
Divorce and separation now have similar effects. When you divorce, or when you separate under the conditions set by the Act, any gift to your former spouse and any appointment of that spouse as executor are treated as if the former spouse had died before you. The rest of your will stays in force. For separation to trigger this rule, you generally need to have lived apart for three years or to have a valid separation agreement or court order. Even so, the safest step after a relationship ends is to make a new will.
When Should You Update Your Will?
Review your will every few years and after any major life event. Common triggers include marriage, separation, divorce, a new child or grandchild, a death in the family, buying or selling a business, a large change in your assets, or a move to or from Ontario. Keeping your will current is just as important as having one.
Importance of Having a Will
The importance of having a will extends beyond the mere distribution of one’s assets after death; it embodies a comprehensive approach to estate planning that offers numerous benefits for the individual and their loved ones. Here are several key reasons why having a will is crucial:
Ensures Your Wishes Are Honored: A will provides a legal blueprint for distributing your assets according to your wishes. Without a will, your estate may be distributed according to the default laws of intestacy, which might not align with your personal preferences or family dynamics.
Protects Beneficiaries: By specifying beneficiaries in your will, you can ensure that your assets are transferred to the people or organizations you care most about. This is particularly important for protecting minors, dependents with special needs, or beneficiaries requiring special consideration.
Minimizes Family Conflict: An articulated will help prevent disputes among family members by providing clear instructions on dividing assets. This can be especially valuable in blended families or situations with disagreements about inheritance.
Facilitates Efficient Estate Administration: Naming an executor in your will to administer your estate can streamline the process, making it easier and faster for your assets to be distributed to your beneficiaries. This can also reduce the administrative burden on your loved ones during a difficult time.
Enables Tax Planning: A well-considered will can include strategies for minimizing estate taxes or probate fees, thereby maximizing the value of the inheritance passed on to your beneficiaries. Through careful planning, you can save significant money that would otherwise go to taxes.
Provides for Minor Children: A will allows you to make arrangements for the care and guardianship of minor children should you pass away while they are still young. Without such directives, the decision may be left to the courts, which might not align with your parenting wishes.
Supports Philanthropic Goals: For those inclined toward philanthropy, a will is a powerful tool for supporting charitable causes, allowing you to leave a lasting legacy to organizations or causes you are passionate about.
Offers Peace of Mind: Perhaps one of the most significant benefits of having a will is the peace of mind it provides, knowing that your affairs are in order and that you have taken steps to make things as straightforward as possible for your loved ones after you are gone.
How Should You Store Your Will?
Store the signed original somewhere safe, and make sure your executor knows where it is. A lost original can be treated as if you intended to revoke your will, which can throw your estate into intestacy. Common options include the following.
- With your lawyer, who keeps original wills in secure storage, which is a popular and low risk choice.
- A home safe or locked cabinet, which is convenient but exposed to fire, theft, and loss.
- A bank safety deposit box, which is secure but can be hard for your executor to access quickly after death.
Wherever you keep it, tell your executor the location. You may also want to store related documents together, such as your power of attorney and a list of your accounts and assets.
How Much Does a Will Cost in Ontario?
The cost of a will depends on how you make it and how complex your estate is. Online tools and do it yourself kits are the cheapest, while a lawyer drafted will costs more but reduces the risk of errors that can cost your estate far more later. About three quarters of Canadians who have a will had it prepared by a professional, while roughly one quarter used an online tool or kit. The table below compares the main routes.
| Method | Typical Cost Range | Best For |
| Do it yourself kit | Lowest cost | Very simple estates and tight budgets. |
| Online will service | Low cost | Simple wishes and basic family situations. |
| Lawyer drafted will | Higher cost | Blended families, business owners, tax planning, and peace of mind. |
Think of the cost against what is at stake. A small saving today can lead to a contested estate, extra probate costs, and family conflict later. For many people, a professionally drafted will is a modest price for certainty.
What Is the Difference Between a Will and a Power of Attorney?
People often mix these up, but they cover different moments. A will takes effect when you die. A power of attorney works while you are alive but unable to act for yourself. You need both for a complete plan.
| Feature | Will | Power of Attorney |
| When it applies | After you die | While you are alive but incapable |
| What it covers | Distribution of your estate | Your finances or personal care |
| Who acts | Executor (estate trustee) | Attorney you appoint |
| Ends when | The estate is fully administered | You die or revoke it |
After death, your executor may need to apply for a Certificate of Appointment of Estate Trustee, often called probate, before banks and the land registry will deal with them. You can learn more about the probate process in Ontario and how to plan around it.
Frequently Asked Questions
Do you need a lawyer to make a will in Ontario?
No, the law does not require a lawyer. You can write your own will or use an online service, and it will be valid if it meets the legal requirements. A lawyer adds the most value when your situation is complex, when you want to reduce tax and probate costs, or when you want to lower the risk of a challenge. For many people the cost is small next to the protection it provides.
Is a handwritten will valid in Ontario?
Yes, if it is a true holographic will. You must write the entire document in your own handwriting and sign it. No witnesses are required. The risk is that handwritten wills are often unclear or incomplete, which leads to disputes. Use one only when you cannot prepare a formal witnessed will in time.
Does marriage cancel a will in Ontario?
No. For marriages on or after January 1, 2022, marriage no longer revokes your will. Before that date, marriage usually cancelled an existing will. The change does not apply backward, so if your marriage happened before 2022 and revoked your will, that will stays revoked.
What happens to my will if I separate or divorce?
Gifts to your former spouse and that spouse’s appointment as your executor are cancelled, and the law treats your former spouse as having died before you. The rest of your will continues. Separation triggers this only when you have lived apart for three years or have a valid separation agreement or court order. Making a new will after a breakup is still the safest move.
Can my will be witnessed over video in Ontario?
Yes. Virtual witnessing is a permanent option. Everyone must be able to see, hear, and speak to each other live, and at least one witness must be a lawyer or paralegal licensed in Ontario. You still need original ink signatures, and the document can be signed in identical counterparts.
How often should you update your will?
Review your will every few years and after any major life change, such as a marriage, separation, divorce, new child, death in the family, or a big change in your assets. A will that no longer matches your life can cause as much trouble as having no will at all.
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.
