What makes a will legally valid in Ontario?

In Ontario, a will is valid when three core requirements are met. First, the person making the will (the testator) must be at least 18 years old, though there are narrow exceptions for married individuals and members of the armed forces. Second, the testator must have testamentary capacity — meaning they understand what a will is, the nature and extent of their property, who their natural heirs are, and how those elements fit together. Third, the will must be signed by the testator in the presence of two witnesses, both of whom must also sign in the testator's presence and in each other's presence.

Witnesses must be at least 18 years old. Beneficiaries — and their spouses — should not act as witnesses, because doing so may invalidate the gift to that person, even if the rest of the will stands.

Ontario also recognizes holograph wills, which are entirely handwritten and signed by the testator, with no witnesses required. Electronic or typed wills generally do not qualify as holograph wills. Speaking with a lawyer helps ensure your will meets all requirements.