Preparing a Will in Ontario: What You Need to Know

How to write a will in Ontario: the short answer

Preparing a will means deciding who should manage your estate, who should receive it and how the document will be signed under Ontario law. If you are asking how to write a will in Canada, Ontario residents should start with those decisions, prepare clear instructions, create a will in writing and sign it correctly.

A will is personal to your circumstances. Owning a home, having children, living common law, holding registered investments or running a business can all affect what should be in it. The steps below explain how to prepare a practical Ontario will and when individual legal advice may be useful.

What a last will and testament does—and what it does not do

A last will and testament is a document that takes effect after death and directs how property forming part of your estate is to be administered and distributed. It can appoint an estate trustee, name beneficiaries, make specific gifts and set out wishes about care for minor children.

The estate trustee, sometimes called an executor, gathers estate assets, pays proper debts and expenses, handles tax and estate administration, and distributes the estate according to the will. A will can also give a gift of a particular item, such as a cottage interest or family jewellery, then deal with everything left over through a residue clause.

A will does not authorize someone to make financial or health-care decisions while you are alive but incapable. Those roles are addressed through an Ontario Power of Attorney for Property and Power of Attorney for Personal Care.

A will also does not necessarily control every asset. Assets with valid beneficiary designations, such as an RRSP, RRIF, Tax-Free Savings Account or life insurance policy, and some jointly owned assets may pass outside the estate. Ownership and designation documents need to be reviewed alongside the will.

What you need to make a will

What you need to make a will is a reliable picture of your family, property, obligations and intended decision-makers. You do not need to list every account number in the will itself, but you do need enough information to make informed choices.

• Your full legal name, address and details of any earlier wills.
• Your spouse or partner, children, dependants and other important family relationships.
• Your first-choice estate trustee and an alternate estate trustee.
• Beneficiaries for specific gifts and the residue, plus alternate beneficiaries if someone dies before you.
• An inventory of real estate, bank and investment accounts, registered plans, corporations or business interests, vehicles, valuables, debts and liabilities.
• Details of beneficiary designations and joint ownership arrangements.
• Your wishes about guardians for minor children and a person who could care for pets.
• A separate, secure inventory of digital accounts, key contacts and access information.

Keep passwords, PINs and account numbers out of the will, because a will may become available to people involved in estate administration. Instead, maintain a secure list and tell your estate trustee how to find it.

How to prepare a will step by step

To prepare a will, first identify what you own and how it is owned, then decide who will administer and receive the estate before drafting and signing the document. Taking the steps in this order reduces the risk that an important asset, person or contingency is missed.

1. List assets, debts and documents. Include real property, investments, registered plans, insurance, business interests, valuables and outstanding loans or tax obligations.
2. Identify property outside the estate. Check joint title and beneficiary designations rather than assuming every bank account or plan passes under the will.
3. Choose gifts and a residue plan. State who receives particular items, then say who receives the residue after debts, expenses and specific gifts.
4. Choose an estate trustee and alternate. Speak to them first so they understand the role and can decide whether to accept it.
5. Plan for children and vulnerable beneficiaries. Consider guardian wishes, who should manage inherited funds and whether a trust or other planning is appropriate.
6. Draft clearly and execute correctly. Use names and relationships that identify people clearly, then follow Ontario signing requirements.
7. Store the original safely. Tell the estate trustee where the original is kept and retain a separate list of your assets and contacts.

For example, a Brampton homeowner with a $900,000 home, a $210,000 mortgage, a $140,000 RRSP and two children aged 7 and 10 might leave the residue equally to the children if the other parent has died first. Before signing, that person should check whether the home is jointly owned, whether the RRSP has a designated beneficiary, name an alternate estate trustee and record guardian wishes. A real estate lawyer in brampton can also help explain how title to a property may affect estate planning.

How to make a will legal in Ontario

An ordinary Ontario will is generally valid when it is in writing, signed by the will-maker in the presence of two witnesses who are both present at the same time, and then signed by the witnesses in the will-maker’s presence. These execution requirements are set out in the Succession Law Reform Act.

The will-maker must also have testamentary capacity and give instructions voluntarily, free from undue influence. Capacity is fact-specific, but generally involves understanding the nature of making a will, the property involved and the people who may have a claim on the estate.

Choose witnesses who have no interest in the will. A beneficiary can physically act as a witness, but a gift to that witness or the witness’s spouse may be put at risk unless a legal exception or court relief applies; this is not simply a rule that invalidates the entire will. An Affidavit of Execution is evidence about how a will was signed and may be helpful when an estate trustee later applies for an estate certificate.

For more on execution and notarization, read does a will have to be notarized? what makes a will valid in Ontario.

Can you write your own will, use an online will, or make a handwritten will?

You do not need a lawyer to make a will in Ontario, but a do-it-yourself or online document must still reflect your actual instructions and be executed under Ontario law. A form cannot resolve unclear ownership, family claims or tax issues simply by being signed.

An attested will is normally typed or printed and signed with two witnesses. An Ontario holographic will can be valid without witnesses if it is entirely in the will-maker’s own handwriting and signed by the will-maker.

Online platforms can assist with a straightforward situation, but users must ensure the final document is signed properly and is consistent with their assets and designations. A notarial will is not an Ontario will format.

A handwritten will may be useful in an emergency, but it can create proof and interpretation problems. Clear drafting, independent instructions and properly documented signing matter particularly where capacity or family conflict could later be questioned.

Choosing an executor and planning for children

An estate trustee should be trustworthy, organized and willing to do work that can continue for months or longer. The role may include locating the original will, securing property, dealing with banks and insurers, filing tax returns with the Canada Revenue Agency, applying for an estate certificate where needed, paying debts and distributing the estate.

Name an alternate estate trustee in case the first choice dies, loses capacity, declines the role or cannot act. Consider family dynamics, distance, financial ability and whether the estate may require professional assistance.

Parents can state their guardian wishes for minor children in a will, and doing so gives important guidance. The final arrangement remains subject to the applicable legal process and the child’s best interests, so discuss the role with the proposed guardian and consider a backup.

When a lawyer should prepare or review your will

A lawyer should prepare or review a will when your family, assets or objectives create risks that a template may not address. Independent advice is particularly important if anyone could later allege misunderstanding, undue influence or lack of capacity.

• You have a blended family, are separated or divorced, or want to provide for a common-law spouse.
• You have a minor, dependent or vulnerable beneficiary, including a person receiving disability-related benefits.
• You own a home, cottage, rental property, foreign property, a corporation or another business.
• You want to consider tax and succession planning, including the principal residence exemption, a spousal rollover or the lifetime capital gains exemption.
• You expect a dispute, have a serious illness or capacity concern, or want unequal distributions among children.

A common-law spouse does not have the same automatic succession rights as a married spouse under Ontario’s intestacy rules, so express provision and advice can be important. A lawyer can take instructions independently, check execution and create contemporaneous records that may assist if the will’s validity is challenged. For tailored help, our wills lawyer Toronto team can advise on the choices and documents appropriate to your circumstances.

What not to include in a will

Do not rely on a will for decisions that require a different legal document or for information that should remain confidential. A will should be clear, workable and coordinated with the way assets are actually owned.

• Do not use it as a substitute for a Power of Attorney for Property or Power of Attorney for Personal Care.
• Do not put passwords, PINs or detailed confidential account information in it.
• Do not leave vague directions such as “divide things fairly” without a workable plan.
• Do not assume that joint ownership or an RRSP, RRIF, Tax-Free Savings Account or insurance designation is controlled by the will.
• Do not give an asset you no longer own or make instructions that conflict with title documents or beneficiary designations.

Real estate and business interests deserve particular care.

Review, sign, store and update your will

Review your will after major life or financial changes and whenever an executor, beneficiary or guardian choice no longer fits. Do not make handwritten alterations on a signed will and assume they will be effective; arrange a properly executed new will or other legally appropriate change.

Review after marriage, separation or divorce, a birth or death, a home purchase or sale, a substantial change in assets, a changed relationship, business changes or a move. Keep the original in a secure but accessible place, record its location and ensure the estate trustee knows how to locate it.

Do you need a lawyer and how much does a will cost?

A lawyer is not mandatory for a valid Ontario will, and the cost of legal help depends on the complexity of your instructions and planning needs. Ask for a quote in advance and confirm whether it includes meetings, drafting, signing, revisions and related powers of attorney.

A straightforward will for a person with uncomplicated family circumstances and assets is different from advice involving trusts, a business, real estate, tax planning, a common-law relationship or potential dependant-support issues. Ontario estate administration may also involve Estate Administration Tax when an estate certificate is required, but that is separate from the cost of preparing a will.

Many people consider a Power of Attorney for Property and Power of Attorney for Personal Care at the same time as a will because those documents address incapacity during life, while the will addresses death.

Frequently asked questions

Should bank accounts be mentioned in a will?

Bank accounts may be part of the residue of your estate, so they do not usually need to be individually listed in the will. Keep a separate, current asset list for the estate trustee, and check whether an account is jointly held or has a designation that changes how it passes.

Is a handwritten will legal?

A holographic will may be legal in Ontario if it is entirely handwritten and signed by the will-maker. It is often riskier than a properly witnessed will because unclear wording, missing provisions and proof issues can complicate administration.

What is the most important thing to put in a will?

The core instructions are who will act as estate trustee, who receives the residue of the estate and who receives the estate if a first-choice beneficiary dies before you. A complete will also addresses specific gifts, alternates and any wishes for minor children.

What happens if I die without a will?

If you die without a will, Ontario’s intestacy rules determine who may inherit and who may seek authority to administer the estate. Read our article to define probated and understand the estate-certificate process.

Speak with a Toronto real estate lawyer

Early advice can help ensure a will accounts for your property, family circumstances and the documents needed if you become incapable.

Call 416-747-9900 or book a consultation to discuss your matter with LD Law.