A will is a legal document that sets out how you want your property divided after you die and who you trust to carry out those wishes. In Ontario, the Succession Law Reform Act sets the rules for what makes a will valid and how your estate passes to the people you choose.
Not every will looks the same. Some are typed and signed in front of witnesses. Others are written by hand. Some couples create matching wills. Business owners often use more than one will to lower the tax their estate pays. The right choice depends on your family, your assets, and your goals.
This guide explains seven types of wills used in Ontario and shows you how to pick the one that fits your situation. If you want help from an experienced Ontario wills and estates lawyer, contact us and see how our firm can help.
The need is bigger than most people think. A recent Angus Reid poll found that about half of Canadians have no will, and only one in three has one that is current. Without a will, the province decides who inherits your estate.
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What Is a Will?
A will is a written document that tells your estate trustee how to distribute your property after death. The estate trustee, often called the executor, gathers your assets, pays your debts and taxes, then passes what remains to the people and causes you named. A will also lets you name a guardian for your minor children and set conditions on the gifts you leave.
Ontario recognizes a will in two basic forms. A typed will signed in front of two witnesses is the standard form. A will written entirely in your own handwriting is the other. Both can be valid. The form you choose affects how easy your will is to prove later.
What Are the Types of Wills in Ontario?
Ontario allows several types of wills, and each one serves a different purpose. The main types are the simple will, the holographic will, mirror wills, mutual wills, the testamentary trust will, primary and secondary wills, and the living will. Each fits a different family setup, asset mix, or planning goal.
1. Simple Will
A simple will is the standard typed will most people picture. You write down who gets your property, name an estate trustee, and sign the document in front of two witnesses. The witnesses watch you sign and then sign themselves. Your witnesses cannot be people who inherit under the will, and they cannot be married to someone who inherits, or that gift can fail.
A simple will works well when your wishes are clear and your estate is straightforward. It covers most families who want to leave a home, savings, and personal items to a spouse, children, or close relatives. Because the witnesses can confirm how you signed it, a simple will is harder to challenge than a handwritten one.
2. Holographic Will
A holographic will is written entirely in your own handwriting and signed by you. You do not need witnesses. Ontario accepts this type of will, which makes it useful in an emergency when you cannot reach a lawyer or find witnesses.
The risks are real. A handwritten will often lacks clear language, which leads to disputes about what you meant. Without witnesses, family members may question whether you wrote it freely and understood what you were doing. Anything written below your signature usually does not count. Treat a holographic will as a short term fix, not a long term plan. You can read more in our guide on holographic wills in Ontario.
3. Mirror Wills
Mirror wills are two separate wills that match each other, usually made by spouses or partners. Each person leaves everything to the other, then names the same people, often their children, to inherit after both have died. The two wills reflect each other like a mirror, which gives them their name.
Mirror wills give couples a simple, coordinated plan. Each will stays independent, so either person can change their own will at any time, even after the first partner dies. That flexibility is the point for most couples. It also means the survivor can redirect the estate later, so think carefully about whether that suits your family.
4. Mutual Wills
Mutual wills look like mirror wills but add a binding promise. Both people agree not to change their wills after one of them dies. That agreement locks in the plan and protects the children or beneficiaries the couple chose together.
This type suits blended families who worry that a surviving spouse might cut out stepchildren after the first death. The trade off is rigidity. Once one partner dies, the survivor cannot adjust the plan even if circumstances change. Courts take the agreement seriously, so you need clear wording and legal advice before you commit.
5. Testamentary Trust Will
A testamentary trust will creates a trust that begins when you die. Instead of handing money straight to a beneficiary, your estate trustee holds and manages it under rules you set. The trust then pays out over time or for specific needs.
This type helps in several situations. You can hold money for young children until they reach an age you choose. You can support a family member who receives government disability benefits without putting those benefits at risk. You can also protect a beneficiary who struggles to manage money. A testamentary trust gives you control that lasts well beyond your lifetime.
6. Primary and Secondary Wills
Primary and secondary wills, also called multiple wills, work together as one plan. The primary will covers assets that need a court certificate before they can transfer, such as real estate and bank accounts. The secondary will covers assets that usually transfer without that certificate, such as shares in a private company and personal belongings.
This setup matters because of the Estate Administration Tax, which Ontario charges when an estate goes through probate. The first 50,000 dollars is exempt, and the rest is taxed at about 15 dollars for every 1,000 dollars of value, which works out to roughly 1.5 percent. By keeping private company shares and similar assets in a secondary will that never goes to court, you keep their value out of that calculation. Business owners and professionals use this strategy to save large amounts. Ontario courts confirmed the approach in a well known 1998 case, and it remains a standard planning tool today. Learn more about the probate process in Ontario, and how a probate lawyer can guide your estate trustee.
7. Living Will
A living will is not actually a will in the legal sense. It does not divide your property after death. Instead, it records your wishes about medical care if you become too ill to speak for yourself. People often search for it under types of wills, so it earns a place on this list with a clear explanation.
In Ontario, you put these wishes into a power of attorney for personal care. You name someone you trust to make health and personal care decisions for you, and you can record your preferences about treatment. Pair it with a power of attorney for property, which lets someone manage your finances if you cannot. A complete plan usually includes a will plus both powers of attorney. A power of attorney lawyer can prepare these documents alongside your will.
Types of Wills Compared
The table below sets the seven types side by side so you can match them to your situation at a glance.
| Type of Will | Best For | Witnesses | Main Benefit | Main Risk |
| Simple Will | Most individuals and families | Two | Clear and hard to challenge | Needs updating after life changes |
| Holographic Will | Emergencies only | None | Fast and free to make | Easy to dispute, often unclear |
| Mirror Wills | Couples with shared wishes | Two each | Coordinated plan that stays flexible | Survivor can change their own will |
| Mutual Wills | Blended families | Two each | Locks in the agreed plan | Cannot change after the first death |
| Testamentary Trust Will | Young children or vulnerable heirs | Two | Lasting control over gifts | More complex to draft and run |
| Primary and Secondary Wills | Business owners and large estates | Two each | Lowers Estate Administration Tax | Drafting errors can undo the savings |
| Living Will (personal care) | Anyone planning for incapacity | Two | Protects your medical wishes | Does not distribute property |
How to Choose the Right Type of Will
Start with your assets and your family. The right will depends on what you own, who depends on you, and what you want to happen after you are gone. Work through these five steps.
- Look at what you own. A modest estate of a home and savings often needs only a simple will. A private company, rental properties, or a large estate may call for primary and secondary wills to cut tax.
- Think about who inherits. Young children or a relative on disability support point toward a testamentary trust. A blended family may need mutual wills to protect everyone fairly.
- Decide how much flexibility you want. Mirror wills keep your options open. Mutual wills lock the plan in place once the first partner dies.
- Plan for incapacity, not just death. Add a power of attorney for personal care and one for property so someone can act for you if you fall ill.
- Get advice before you sign. A short meeting with an experienced lawyer often prevents costly errors that surface only after death, when nobody can fix them.
What Makes a Will Valid in Ontario?
A valid will in Ontario meets a few basic rules. You must be at least 18, with narrow exceptions for people who are married, in the armed forces, or sailors at sea. You must understand what you own, who might expect to inherit, and the effect of signing. You must sign the document, and for a typed will, two witnesses must watch you sign and then sign themselves.
Since 2022, Ontario courts can save a will that misses a technical step if the document clearly shows your true wishes. That change gives families some protection against small mistakes. The safest path is still a will that meets every requirement from the start. Two more points are worth knowing. Marriage no longer cancels an existing will in Ontario, a rule that changed in 2022. Ontario also does not accept electronic or video wills, so your will needs to exist on paper.
What Happens If You Die Without a Will?
If you die without a valid will, Ontario decides who inherits through a fixed formula. Your married spouse receives a set amount first, currently the first 350,000 dollars, called the preferential share. The estate then splits between your spouse and your children in set shares. If you have no spouse or children, your estate moves to other relatives in a set order.
This default rarely matches what most people want. A common law partner does not inherit automatically under these rules. Friends, charities, and stepchildren receive nothing. The process also takes longer and can cost more. A will lets you decide instead of the formula. If you need help, our Toronto wills and estates lawyers can prepare a plan that reflects your wishes.
Frequently Asked Questions
How many types of wills are there in Ontario?
Ontario commonly uses several types, including simple wills, holographic wills, mirror wills, mutual wills, testamentary trust wills, and primary and secondary wills. A living will is also widely discussed, though it handles medical care rather than property. The law itself recognizes two ways to make a will, a typed will signed before witnesses and a fully handwritten one.
Can I write my own will in Ontario?
Yes. You can write a holographic will entirely by hand and sign it, with no witnesses needed. You can also type a will and sign it in front of two witnesses who are not beneficiaries. Homemade wills carry a higher risk of errors and disputes, so many people still ask a lawyer to draft one.
Which type of will is best for most people?
A simple will fits most individuals and families. It is clear, witnessed, and hard to challenge. People who own a private company, hold a large estate, or have special family needs often need a more advanced type, such as a testamentary trust will or primary and secondary wills.
Do mirror wills and mutual wills mean the same thing?
No. Mirror wills match each other but stay independent, so either person can change theirs at any time. Mutual wills add a binding promise not to change the plan after one person dies. Mutual wills offer more certainty but far less flexibility.
Is a living will a real will?
Not in the usual sense. A living will records your wishes about medical treatment, and in Ontario you set these out in a power of attorney for personal care. It does not divide your property after death, so you still need a regular will for that.
How often should I update my will?
Review your will every few years and after any major life change, such as a marriage, separation, new child, or a large shift in your assets. Keeping your will current avoids confusion and conflict for the people you leave behind.
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.
