Can a personal support worker or nurse who cares for me at home witness my will in Ontario?

There is no specific legal bar preventing a personal support worker or nurse from witnessing a will in Ontario solely because of their professional role. However, there are important practical and ethical concerns. Anyone who witnesses a will loses any gift they would have received under that will (and so does their spouse). If the caregiver is named as a beneficiary, witnessing the will would void their gift.

Beyond the technical rules, wills witnessed by caregivers are significantly more susceptible to challenges on grounds of undue influence or lack of testamentary capacity. A court may scrutinize such a will closely, particularly if the testator was elderly, ill, or dependent on the witness for daily care. A challenger could argue the relationship gave the caregiver an opportunity to exert improper pressure.

For certainty, it is best practice to use witnesses who are completely independent — adults with no financial interest in the estate and no power relationship with the testator. A lawyer's office can provide independent witnesses as part of preparing and executing a will.