Is a verbal or spoken will valid in Ontario?
No. Ontario does not recognize verbal (or "nuncupative") wills. Under the Succession Law Reform Act, a valid will must be in writing. A purely verbal statement of how you want your assets distributed — even if made in front of witnesses — has no legal effect.
This surprises many people who assume that telling family members or friends their wishes, or recording a verbal statement on a phone, is sufficient. It is not. If someone dies relying solely on a verbal statement of their wishes, their estate is treated as intestate and the statutory distribution rules apply.
The two recognized types of will in Ontario are the formal (attested) will — typed or printed, signed by the testator in front of two witnesses who also sign — and the holograph will, which is entirely handwritten and signed by the testator with no witnesses required. Anything outside these categories will not be accepted as a valid will.
Key takeaways
- Ontario does not recognize verbal (nuncupative) wills — all wills must be in writing.
- A spoken statement or video recording of your wishes has no legal effect.
- Valid wills are either formal (signed with two witnesses) or holograph (entirely handwritten).
- Relying on verbal wishes leaves your estate subject to Ontario's intestacy rules.