Who Can Be a Witness for a Will in Ontario?

The Critical Role of Witnesses

You have drafted the perfect online Will. It accurately reflects all your wishes. You sign it. But if you don't execute it with the correct witnesses, it is nothing more than a worthless piece of paper. The Ontario Succession Law Reform Act has strict rules regarding the execution of a Will.

The Basic Rules

To be legally binding, your signature must be witnessed by two individuals. Both witnesses must:

• Be at least 18 years of age.
• Be of sound mind.
• Be physically present in the same room, at the exact same time, watching you sign the document. (Virtual witnessing via Zoom was temporarily allowed during the pandemic, but strict, permanent rules now govern it, usually requiring a lawyer to be one of the virtual witnesses. Physical presence is always safest).

The "Fatal Error": Who CANNOT Be a Witness?

This is the most common mistake made with DIY Wills. Under Ontario law, a beneficiary of the Will cannot be a witness. Furthermore, the spouse of a beneficiary cannot be a witness.

If you leave your estate to your daughter, and your daughter's husband signs as a witness, the gift to your daughter becomes legally completely void. Your daughter gets nothing. The Will itself might survive, but the gift to the improperly witnessed beneficiary fails.

Who Should You Ask?

The best practice is to ask two completely independent, disinterested third parties. Ideal candidates include:

• Neighbors.
• Co-workers.
• Bank tellers or local business clerks.
• Friends who are absolutely not inheriting anything under the Will.

Remember: Only one of the witnesses needs to sign the Affidavit of Execution later, but both must watch you sign the Will.