Can someone who will inherit under my will also act as a witness in Ontario?

Technically a beneficiary can witness a will, but doing so puts their gift at serious risk. Under Ontario law, if a beneficiary (or their spouse) witnesses a will, the will itself remains valid — but the gift to that beneficiary is voided. The beneficiary loses their inheritance even though the rest of the will stands.

This is a common and costly mistake. People often ask a close family member or friend to witness their will, not realizing that person is also named as a beneficiary in the document. The correct approach is to have the will witnessed by two people who are not named as beneficiaries, and whose spouses are not named as beneficiaries.

Independent witnesses — a neighbor, a colleague, or anyone over 18 who is not receiving a gift under the will — are ideal. If a beneficiary has inadvertently witnessed a will, a lawyer can advise on whether the gift can be saved through other means, though this is not always possible.