Does a will need to be notarized to be valid in Ontario?
No. Ontario law does not require a will to be notarized to be valid. What the law requires for a formally witnessed will is that the testator sign in the presence of two witnesses, who also sign in the testator's presence and in each other's presence. A notary's stamp or seal is not part of this process.
Notarization does come into play after death. When applying for a Certificate of Appointment of Estate Trustee (often called "probate") in Ontario, the estate trustee usually needs to submit a notarial copy of the will — a copy certified by a notary or commissioner of oaths. But this is an administrative step for the probate process, not a requirement for the will's validity.
Some people confuse notarization with having a notary act as a witness. A notary or lawyer can certainly serve as one of your two witnesses, and their professional standing can strengthen the record of capacity. But acting as a witness is different from notarizing a document. If you are unsure what your estate will require, a lawyer can walk you through the process.
Key takeaways
- Wills in Ontario do not need to be notarized to be legally valid
- Notarial copies of the will may be required later in the probate process
- A notary or lawyer can act as one of the two required witnesses
- Notarization and witnessing are two different functions