Four things make a will valid in Ontario. Notarization is not one of them – and the confusion around that costs families more than almost any other misunderstanding in estate law.
Does a will have to be notarized to be legal?
No. A will does not need to be notarized anywhere in Canada outside Quebec, and a notary’s stamp adds nothing to a will that was signed correctly. A properly witnessed will with no notarization is valid. A notarized will that was witnessed badly is not.
What people are usually thinking of is the affidavit of execution.
The affidavit of execution – what you actually need
This is a sworn statement by one of your two witnesses, confirming they watched you sign. It is signed in front of a notary public or commissioner for oaths, usually at the same appointment as the will itself.
It is not required for the will to be valid. It is required by the court when your executor applies for probate. Without one, your executor has to locate a witness – years later, possibly in another province, possibly deceased – and have them swear it then. That delay costs the estate time and legal fees for no reason.
Sign the affidavit of execution when you sign the will. It takes five minutes and it is the single cheapest thing you can do for your executor.
Quebec is the exception. A notarial will drawn by a Quebec notary is a distinct type of will and does not require probate. That rule does not apply in Ontario or the common-law provinces.
The four requirements for a valid will in Ontario
1. It must be in writing
Paper. Ontario does not recognise electronic wills, video wills, or audio recordings, no matter how clearly they express your intentions. A will emailed as a PDF and never printed and signed is not a will.
2. You must be 18 or older and have capacity
Testamentary capacity means you understand what you own, who would ordinarily expect to inherit from you, and what the will actually does. It is judged at the moment of signing, and it is possible to have capacity on a good day and lack it on a bad one.
Someone under 18 can still make a valid will if they are married, have a child, or are a member of the armed forces.
Capacity is the most common ground for challenging a will after death. Where there is any question – advanced age, a recent diagnosis, medication – a lawyer will normally document their assessment and sometimes obtain a medical opinion at the time. That contemporaneous record is what defeats a challenge five years later.
3. You must sign at the end
Your signature goes at the foot of the document. Anything appearing below it can be disregarded entirely. Do not add a bequest in the margin, on the back, or on a sticky note after signing – write a new will or a properly executed codicil.
4. Two witnesses must sign, present at the same time as you
All three of you must be present together when you sign, and the witnesses must then sign in your presence.
Virtual witnessing is permanent in Ontario. Since April 2021, witnesses may attend by audio-visual link, provided at least one of them is a lawyer or paralegal licensed in Ontario. This began as a pandemic measure and was made a lasting option – many older articles still describe it as temporary.
The witness mistake that voids gifts
Never let a beneficiary, or a beneficiary’s spouse, witness your will.
The will remains valid. The gift to that person is void. A spouse who witnesses the will that leaves them the house can lose the house.
This is the most common and most damaging error in do-it-yourself wills, because the people available in the room are usually the people who inherit. Use neighbours, colleagues, or the lawyer’s staff.
Handwritten (holograph) wills
Ontario recognises a holograph will with no witnesses at all – if it is written entirely in your own handwriting and signed by you.
The word “entirely” does the work. A will kit with printed clauses and handwritten blanks fails on both counts: the printed parts are not your handwriting, and the witnessing was skipped because the document “was handwritten.” Those documents end up in court.
A holograph will is a stopgap, not a plan. It cannot appoint a guardian effectively, rarely deals with tax, and almost never addresses what happens if a beneficiary dies first.
Two changes that catch people out
Marriage no longer revokes a will
For marriages on or after January 1, 2022, getting married does not cancel your existing will.
Before that date, it did – automatically, whether you knew it or not. If you married in 2019 and never made a new will, your earlier will may already have been revoked, which means you may currently have no will at all.
Divorce is different. Divorce still cancels gifts to a former spouse and their appointment as executor. Separation, on its own, does not. A separated spouse who has not divorced remains a beneficiary and remains your named executor unless you change the will. Estate lawyers see the consequences of that gap constantly.
Courts can now validate a defective will
Section 21.1 of the Succession Law Reform Act, in force since January 1, 2022, allows the Superior Court to validate a document that was not properly signed or witnessed, if satisfied it sets out the deceased’s genuine testamentary intentions.
This is a rescue, not a plan. It requires a court application paid for by the estate, it delays everything, and it can fail. Do not rely on it as a reason to be casual about execution.
What else a will should do
Validity is the floor, not the goal. A will that meets all four requirements can still create problems if it does not:
- Name a substitute executor, in case your first choice cannot act
- Include a 30-day survivorship clause, so assets do not pass through two estates and get probated twice if beneficiaries die close together
- Appoint a guardian for minor children, and hold their inheritance in trust to a sensible age
- Deal with the residue – what happens to everything not specifically given away. A will with no residue clause is partially intestate.
- Reflect how your assets are actually held. A will cannot give away a home owned in joint tenancy, or an RRSP with a named beneficiary. Those pass outside the estate.
Powers of attorney for property and for personal care are separate documents. They operate while you are alive, and a will does nothing for you in that situation.
Frequently asked questions
Do wills have to be notarized in Canada? No, outside Quebec. A properly witnessed will is valid without a notary. What the court asks for at probate is an affidavit of execution, sworn by one of your witnesses – sign it at the same appointment as the will.
What happens if a will is not notarized? Nothing. It remains valid. If there is no affidavit of execution, your executor has to track down a witness years later to swear one, which costs the estate time and fees.
Does a will need one or two witnesses? Two, present at the same time as you, each signing in your presence. Since April 2021 they may attend by video link in Ontario, provided at least one is a licensed lawyer or paralegal.
Who cannot witness or inherit under a will? A beneficiary or a beneficiary’s spouse must never witness the will. The will stays valid, but the gift to that person is void – the most common and most damaging error in do-it-yourself wills.
Are self-made wills legal in Canada? Yes. A fully handwritten, signed holograph will is valid in Ontario with no witnesses. A partly typed fill-in-the-blank kit is not a holograph will, and usually fails the witnessing rules as well.
Why would a will not be valid? Missing or disqualified witnesses, a signature that is not at the end, lack of testamentary capacity at the time of signing, undue influence, or a later will that revoked it.
What are the minimum requirements for a valid will in Canada? In writing, made by someone 18 or older with capacity, signed at the end, and witnessed by two qualified people present together – or written entirely in the testator’s own handwriting and signed.
Does getting married cancel my will? Not for marriages on or after January 1, 2022. Before that date it did, automatically. If you married in 2019 and never made a new will, your earlier one may already have been revoked.
Talk to an estate lawyer in Toronto
LD Law LLP prepares wills and powers of attorney for property and personal care, and assists executors through probate, including obtaining the Certificate of Appointment of Estate Trustee with or without a will.
1551 Bloor Street West, Toronto · 416-747-9900
General information about Ontario law as of August 2026. Not legal advice.