TREADSTONE LAW · ONTARIO · DIGITAL LEGAL SERVICES · EST. MMXXI ·TSL
Learn/Ask a Lawyer/Wills & Estates/Is a will valid in Ontario if…
Wills & Estates

Is a will valid in Ontario if it was only signed by one witness?

TSL Written by the Treadstone Law team· Updated June 2026

Generally, no. A formal will in Ontario must be signed by the testator (the person making the will) in the presence of two witnesses, who must also sign the will in the testator's presence. A will witnessed by only one person does not meet the formal requirements under the Succession Law Reform Act and is typically invalid.

There is one important exception: a holograph will, which is entirely handwritten and signed by the testator in their own handwriting, does not require any witnesses at all. But a typed or partially printed will almost never qualifies as a holograph will and must have two witnesses.

If a court finds that a will is invalid — whether because of a missing witness, improper signing, or another deficiency — the estate is treated as if the person died without any will at all, and the intestacy rules apply. Some jurisdictions allow courts to cure minor defects, but Ontario's current rules on curing defects are limited. A properly drafted and executed will, prepared with legal guidance, avoids these risks.

Key takeaways

  • Formal wills in Ontario require two witnesses present when the testator signs.
  • A will with only one witness is generally not valid.
  • Holograph (entirely handwritten) wills need no witnesses but must be fully handwritten.
  • An invalid will results in intestacy — the statutory rules apply instead.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone wills & estates lawyer can help.
Was this helpful?Share:

Go deeper

Still have questions?

Search 2,500 answers, or send yours to a Treadstone lawyer — we answer in plain language.

All answersStart a File →