What is a holograph will and is it valid in Ontario?

A holograph will is a will that is entirely written and signed in the testator's own handwriting. In Ontario, a holograph will does not need to be witnessed — it is one of the few exceptions to the general rule that wills require two witnesses. To be valid, every word of the will (not just the signature) must be in the testator's own handwriting; nothing can be typed, printed, or filled in by someone else.

Holograph wills are often made in urgent circumstances, such as a medical emergency. While they can be valid, they tend to be more prone to ambiguity, disputes, and challenges than professionally drafted wills. Courts may have difficulty interpreting handwriting or understanding the testator's intent from an informal document.

A holograph will that is even partially typed or that includes pre-printed text generally will not qualify. If the holograph will is found invalid, the person's estate would be treated as intestate. Using a holograph will should be a last resort — a properly drafted will prepared with legal assistance is always preferable.