What are the formal requirements for a valid will in Ontario?
In Ontario, a will must meet specific formal requirements set out in the Succession Law Reform Act to be legally valid. A standard typed or printed will (called a formal will) must be: made in writing, signed at its end by the testator (the person making the will), and signed in the presence of two witnesses, both of whom must be present at the same time and who sign the will in the testator's presence.
The two witnesses must not be beneficiaries under the will, and they should not be the spouse of a beneficiary. A beneficiary who witnesses the will does not invalidate the will itself, but their gift under the will may be voided.
Ontario also recognizes "holograph wills" — wills that are entirely in the testator's own handwriting and signed by them. Holograph wills require no witnesses and are valid under Ontario law, but they carry risks: if any portion is printed or typed, it may invalidate the holograph character; if the handwriting is unclear, the meaning may be disputed. Holograph wills should only be used in urgent circumstances when a formal will cannot be prepared.
Ontario does not require a will to be notarized to be valid, though a notarial affidavit of execution signed by a witness can simplify the probate process later by confirming the circumstances of signing.
Key takeaways
- A formal Ontario will must be signed by the testator and witnessed by two people at the same time.
- Witnesses who are beneficiaries may lose their gift, though the will itself remains valid.
- Holograph wills (entirely handwritten and signed) are valid but carry practical risks.
- Notarization is not required but simplifies probate.