What happens if I don't sign my will properly in Ontario?

If a will is not signed in accordance with Ontario's formal requirements, the court may find it invalid. The most common execution errors are: the testator signing without witnesses present, witnesses signing outside the testator's presence, or only one witness signing. An unsigned will — even a detailed, clearly intentional document — is generally not valid.

When a will is found invalid, Ontario's intestacy rules under the Succession Law Reform Act apply. Intestacy means your estate is distributed according to a statutory formula based on family relationships, regardless of your actual wishes. A spouse and children share the estate in proportions set by law. If you have no close relatives, the estate may ultimately go to the Crown.

Since January 1, 2022, Ontario courts have their own statutory curative power under the Succession Law Reform Act to save an improperly executed will where they are satisfied it reflects the deceased's genuine testamentary intentions. Outcomes depend heavily on facts and should not be assumed.

The consequences of dying intestate or with a void will can be particularly hard on blended families, common-law partners (who may receive nothing under intestacy), and people with specific charitable or conditional gifts. A properly executed will, reviewed by a lawyer, eliminates this risk.