Most people in Ontario don’t have a will. It’s easy to put off, especially if you feel healthy, young, or think you don’t have “enough” to pass on. But a will is not just about dividing property. It’s about giving your loved ones clear direction, reducing stress during estate planning, and avoiding probate disputes or intestate outcomes.
What Happens When You Don’t Have a Will?
Without a will, your estate is handled under Ontario’s Succession Law Reform Act (SLRA), meaning the law — not you — decides who inherits your assets.
A judge will appoint someone to manage your estate and distribute assets according to a set formula. This can cause unintended consequences, especially in blended families, common-law relationships, or when minor children are involved. Intestate estates can lead to lengthy legal disputes or estate conflicts.
For more details on potential complications, see our related post: Dying Without a Will in Ontario [link: related blog post].
What the Law Requires for a Valid Will
- Formal (attested) wills: Typed or printed, signed by the testator in the presence of two witnesses. Witnesses cannot be beneficiaries or married to beneficiaries.
- Holograph wills: Fully handwritten and signed by the testator. Valid under SLRA, but can create challenges (handwriting verification, wording clarity, probate).
Typed “fill-in-the-blank” or store-bought forms are not legally valid in Ontario.
Common Mistakes to Avoid
- Signing in the wrong place, or failing to sign at the bottom of each page.
- Using a beneficiary or their spouse as a witness.
- Failing to update your will after life changes.
- Using vague language.
- Handwriting edits on a typed will after signing without proper amendments.
After Your Will Is Signed
Store the original safely, tell your executor where it is, and consider leaving a copy with your lawyer. Review your will periodically. Proper estate planning reduces the risk of probate disputes and protects minor children.
Conclusion
Making a will in Ontario ensures your family is not left with uncertainty. Whether handwritten or lawyer-prepared, ensure it is legally valid, clear, and up-to-date.
If you want help, contact Chapman Steffler LLP. Book a consultation today.
FAQ
- What are the requirements for a valid will in Ontario?
Signed by testator, witnessed by two non-beneficiaries, or handwritten (holograph). - Can I use a store-bought will kit?
No. Typed forms are generally invalid in Ontario and may cause probate disputes. - Do I need a lawyer?
Not strictly, but a lawyer ensures clarity, legal compliance, and reduces dispute risk. - How often should I update my will?
After major life events (marriage, divorce, birth, acquiring significant assets).
Next Step
Creating a valid will is one of the simplest ways to protect your family. Contact Chapman Steffler LLP today to review or draft your will.
