How to make a legal will in Ontario

The governing statute, who has to watch you sign, and what happens to your estate if you die without one.

Key takeaways

Governing statute: Succession Law Reform Act, R.S.O. 1990, c. S.26
Minimum age to make a will: 18
Witnessing rule: 2 witnesses required, present at the same time as you sign.
Handwritten (holographic) wills: Ontario is one of the provinces that recognizes a "holograph will" (a document entirely in your own handwriting and signed by you, with no witnesses required) under the Succession Law Reform Act, R.S.O. 1990, c. S.26. It's still riskier than a properly witnessed will (easier to challenge, easier to lose, no independent confirmation of your intent), so we recommend the standard signed-and-witnessed route whenever it's available to you.

What makes a will legal in Ontario

A will in Ontario is governed by the Succession Law Reform Act, R.S.O. 1990, c. S.26. To be valid, the testator must be at least 18 years old, sign the document, and have that signature witnessed by 2 witnesses (each at least 18) who are present at the same time and are not beneficiaries under the will. A will does not need to be notarized. Signing and witnessing correctly is what makes a will legal, not who drafted it.

If you die without a will

If you die without a will in Ontario, the Succession Law Reform Act, R.S.O. 1990, c. S.26 decides who inherits, not you. Your spouse and children split your estate by a fixed formula (your spouse doesn't automatically inherit everything if you have children), other relatives may be entitled to a share if you have no spouse or children, and an estate with no eligible relatives passes to His Majesty the King in right of Ontario. A will lets you pick your own beneficiaries instead of relying on that formula.

Your options

In Ontario you generally have four routes to a will: an online generator like I'M DEAD (fast, free to preview, province-specific, you still print and sign in person); a lawyer (highest cost, best for complex estates); a paper will kit (cheap but generic, easy to get Ontario-specific rules wrong); or a fully handwritten holograph will (legal here, but riskier to rely on: see the holographic-validity note above). For a typical estate, an online will plus correct in-person signing covers most people's needs.

Online will generator (like I'M DEAD): Fast, province-specific, free to preview. You still print and sign in person.
A lawyer: Highest cost, best for complex estates, trusts, or a contested family situation.
A paper will kit: Cheap but generic, and easy to get the rules where you live wrong.
A fully handwritten will: Risky without a general holographic-will exception. See the note below.

Power of attorney terminology

Financial decisions: Continuing Power of Attorney for Property. The person you appoint is called your Attorney, under the Substitute Decisions Act, 1992, S.O. 1992, c. 30.
Health & personal care: Power of Attorney for Personal Care. The person you appoint is called your Attorney for Personal Care, under the Substitute Decisions Act, 1992, S.O. 1992, c. 30.