Can a person who is named in my will be one of my witnesses?

Technically a beneficiary can witness a will in Ontario, but doing so carries a serious risk: the gift to that beneficiary — and possibly to their spouse — may be voided, even if the rest of the will is valid. This is the "interested witness" rule under the Succession Law Reform Act. The will itself typically remains valid, but the affected beneficiary loses their inheritance.

The rule also catches the beneficiary's spouse. If your daughter's husband witnesses your will, your daughter's bequest may be at risk even though she did not sign anything.

There is a limited exception: if the court is satisfied that the testator was not unduly influenced and that the beneficiary-witness did not procure the will, it has discretion to allow the gift to stand. But relying on court discretion is expensive and uncertain.

The practical solution is simple: choose witnesses who are not named in your will and whose spouses are not named either. Neighbours, colleagues, or friends with no financial interest in your estate are ideal. If you have any doubt about who is safe to use as a witness, ask a lawyer before signing.