How old do you have to be to make a will in Ontario?
In Ontario, the general rule is that you must be at least 18 years old to make a valid will. This age threshold is set out in the Succession Law Reform Act.
There are two recognized exceptions. First, a person under 18 who is or was legally married may make a will. Second, a person who is a member of a component of the Canadian Forces that is on active service may also make a will regardless of age. These exceptions are narrow, and outside of them, a will made by someone under 18 is not valid.
It is worth noting that the age requirement is separate from the capacity requirement. Even someone who is 18 or older must have testamentary capacity at the time they make their will — meaning they understand what they own, who their natural heirs are, and what effect the will has. Age alone does not establish capacity, and a will made during a period of mental incapacity can be challenged regardless of the testator's age.
Key takeaways
- General rule: you must be at least 18 to make a valid will in Ontario
- Exceptions exist for married minors and certain active-service military members
- Meeting the age threshold does not automatically establish testamentary capacity
- A lawyer can help assess and document capacity where it may be questioned