How to Make a Legal Will in Ontario: A Step-by-Step Guide

The Importance of a Legal Will

Making a Will in Ontario is one of the most important financial and personal decisions you can make. A legally valid Last Will and Testament ensures your assets are distributed according to your wishes, not according to the generic formula set out by the provincial government.

Ontario Legal Requirements for a Valid Will

For a Will to be legally binding in Ontario, the Succession Law Reform Act outlines strict rules:

• Age and Capacity: You must be at least 18 years old (with few exceptions, like being married or in the military) and of sound mind.
• Written Document: The Will must be written (either typed or handwritten). Video or audio recordings are not legally recognized as Wills in Ontario.
• Proper Signing: You must sign the very end of the Will.
• Two Witnesses: You must sign the Will in the physical presence of two independent adult witnesses. These witnesses must then sign the Will in your presence.

Who Cannot Be a Witness?

Crucially, a beneficiary (someone inheriting something in the Will) or the spouse of a beneficiary should never be a witness. If they do act as a witness, the gift to them may become entirely void.

Step-by-Step Process

1. Take Inventory: List your assets (home, bank accounts, investments) and debts.
2. Choose an Executor: Select someone you trust implicitly to manage your estate. Name an alternate as well.
3. Name Beneficiaries: Clearly state who gets what. Be mathematically precise (e.g., using percentages).
4. Draft the Document: Use a trusted platform like Will Project or consult a lawyer if your situation is complex.
5. Execute the Will: Print the document and follow the strict signing and witnessing protocol.
6. Store it Safely: Keep the original, wet-signed copy in a fireproof safe or safety deposit box, and tell your Executor where it is.

By following these steps, you can secure peace of mind knowing your family is protected under Ontario law.