How to Write a Will in Ontario: Step-by-Step Guide

Writing a will in Ontario ensures your assets are distributed according to your wishes. It also helps care for your loved ones after you pass away.

To make a legal will in Ontario, you must be at least 18 years old. Write the will on paper, sign it in front of two adult witnesses who are not beneficiaries, and ensure you are of sound mind.

You can write your will yourself, use a lawyer, or try an online will kit. The best option depends on your estate’s complexity and your preferences.

Understanding the legal requirements is important. Include key details like naming an executor, listing beneficiaries, and appointing guardians for minor children.

This guide outlines the steps to create a proper will in Ontario.

Key Requirements for a Legal Will in Ontario

Your will must meet certain rules to be valid in Ontario. These rules are set out in the Succession Law Reform Act.

Who Can Make a Will

You must be at least 18 years old to make a legal will in Ontario. This age makes you legally able to decide how to distribute your property after death.

You also need to be of sound mind when writing your will. This means you understand what your will does, what you own, and who should inherit your assets.

If you don’t meet these conditions, the will may be invalid. The law ensures your decisions are clear and made freely.

Legal Signing and Witnessing

Your will must be in writing, either typed or handwritten. Oral wills are not accepted in Ontario.

You need to sign the will in front of two adult witnesses. These witnesses must watch you sign and then sign the will themselves.

Your witnesses cannot be people who will inherit from your will. This helps prevent conflicts of interest.

If you do not follow these signing rules, the will might not be accepted by the courts.

Storage and Validity of the Will

After signing, keep your will in a safe place like a fireproof box or with someone you trust. Tell your executor where the will is stored so it can be found.

You may also register your will with the Ontario Will Registry. This helps your executor access it quickly after your death.

Ontario courts can sometimes accept a will with minor errors if your intentions are clear. Following all legal steps reduces the chances of challenges.

Update your will after major life changes like marriage or having children, as these events can affect its validity.

Step-by-Step Guide to Writing a Will

When writing a will in Ontario, clearly identify what you own. Name who will manage your estate and who will receive your assets.

State your final wishes simply so the court can follow them. Each part must be clear so your will is valid and your intentions are respected.

Listing Your Assets and Debts

Start by making a list of your assets. Include property, bank accounts, investments, and valuable items.

Be specific about each asset, such as addresses or account numbers. Also, list any debts you owe.

Knowing your debts helps your executor plan how to pay them before giving out assets. Update this list regularly to keep it accurate.

Naming an Executor

Choose an executor you trust to handle your estate. This person will pay debts, file taxes, and distribute assets according to your will.

Make sure your executor understands their role and agrees to take it on. It’s wise to name an alternate executor in case your first choice cannot serve.

The executor should be organised and reliable, such as a family member, friend, or professional. You cannot name someone who will benefit from the will as a witness.

Selecting Beneficiaries

Name clearly who will inherit your assets. You can split items or portions of your estate among different beneficiaries.

Use full names and relationships to avoid confusion. If you have minor children, appoint guardians here or in a separate document.

Specify backup beneficiaries in case someone dies before you. Being clear helps avoid disputes after your death.

Setting Out Final Wishes

Include your preferences for funeral and burial arrangements. State if you want to be buried or cremated and add any special instructions.

You can also mention wishes about organ donation or care for pets. While not always legally binding, these wishes guide your loved ones.

Types of Wills in Ontario

There are several types of wills in Ontario. Each has different rules and is suitable for different situations.

Understanding these types helps you choose the right one for your needs.

Simple Will

A simple will is a formal, typed document that outlines how your assets will be distributed. It must be signed by you and two adult witnesses who are not beneficiaries.

This type of will is best if you have straightforward assets and few beneficiaries. You can prepare it yourself or with a lawyer’s help.

If you do it yourself, make sure it meets all legal requirements. A simple will may not cover complex issues like business interests or trusts.

Holograph Will

A holograph will is written entirely by hand and signed by you. In Ontario, this type of will does not need witnesses.

It must be clear and show your intentions. Holograph wills are useful for simple estates or temporary use, but they can be harder to prove valid.

Will Kit

A will kit is a fill-in-the-blank document that helps you draft a will without a lawyer. Kits are often bought online or in stores and include instructions.

Will kits can work well for simple estates and are a low-cost solution. They may lack important legal details for complex situations, so follow all instructions and legal rules closely.

Handwritten Will

A handwritten will, like a holograph will, is written and signed by you. If it is typed or printed, it usually needs two witnesses.

This type is less common and can be risky if not done correctly. For complex estates, consider professional help for clarity and legal strength.

Choosing an Executor and Estate Trustee

Choosing an executor, also called an estate trustee in Ontario, is a vital decision. This person will manage your estate and follow your final wishes.

Pick someone trustworthy and capable to handle these important tasks.

Responsibilities of an Executor

Your executor will plan your funeral, stop government and benefit payments, and cancel personal cards like your health card and driver’s licence. They must find and value all your assets, pay taxes, and file your final income tax return.

They also manage your estate’s money and property. This includes applying for probate if needed and distributing your estate as your will directs.

This role can take months or years to complete. The executor should be patient and organised.

Selecting the Right Person

Choose an adult you trust who is likely to outlive you and can handle detailed tasks. It’s easier if your executor lives in Ontario.

If you name someone outside Canada, they might need to post a bond. Consider someone responsible, organised, and financially literate.

You can name a spouse, close family member, or trusted friend. For complex estates, a professional like a lawyer or accountant may be best.

You can name more than one person as co-executors. If you do, specify how they should make decisions if they disagree.

Make sure your chosen person agrees to be executor. If you separate or divorce, a former spouse may not act as estate trustee unless your will says so and you get legal advice.

Also, name an alternate executor in case your first choice cannot serve.

Updating and Storing Your Will

Keep your will current and stored safely. Your estate plan should reflect major life changes and be easy to find.

When and How to Update Your Will

Update your will after major events like marriage, divorce, the birth of a child, or buying property. Marriage in Ontario cancels previous wills unless your will says it was made in anticipation of marriage.

Divorce removes gifts or roles for your ex-spouse but does not cancel the whole will. You can update your will by creating a codicil for minor changes or by drafting a new will for bigger changes.

Always use two witnesses who are not beneficiaries when signing an updated will. Getting legal help ensures your changes meet Ontario’s rules.

Proper Will Storage

Store your will in a secure place known to your executor and trusted family. Options include a home safe, safety deposit box, or with your estate lawyer.

Avoid keeping your will in places where it could be lost. Tell your executor clearly where the original will is kept.

Destroy any old versions after you finalize your updated will. Proper storage and clear communication help ensure your wishes are followed.

Estate Planning and Tax Considerations

When planning your will, manage your assets to protect your family and reduce costs. Understanding estate taxes helps you avoid surprises and keep more for your beneficiaries.

Creating an Estate Plan

An estate plan includes more than just your will. List all your assets, choose beneficiaries, and decide who will handle your estate.

This can include real estate, investments, bank accounts, and personal items. Name an executor to manage debts, file taxes, and distribute your property.

Good planning can help reduce taxes and legal fees. You might set up trusts or name beneficiaries on accounts to avoid probate delays.

Understanding Estate Administration Tax

In Ontario, estate administration tax (EAT), or probate fees, is charged on the value of your estate before assets go to your heirs. The tax is 1.5% on the first $50,000 and 1.0% on anything above that.

This tax can add up if you own property or several assets. Good planning helps reduce this tax burden.

You can reduce taxes by titling assets jointly or using trusts. Knowing about EAT helps you plan so your family does not have to sell property quickly to pay fees.

Conclusion

If you need help writing a will in Ontario, contact B.I.G. Probate Law Ontario. Our experienced team can guide you through the legal requirements to ensure your wishes are clear and legally valid.

Reach us at Info@probatelaw-ontario.ca or call (289) 301-3338 for personalized support.

Visiting probatelawgroup.ca gives you access to valuable resources. You can also book a free consultation online using this link: BOOK A FREE CALL.

Preparing your will correctly protects your assets and your loved ones. Let us help make the process straightforward and worry-free.

Your final wishes should be honoured exactly as you intend. You don’t have to face this alone.

Frequently Asked Questions

You can create a will in Ontario with or without professional help. It is important to follow the legal steps carefully to make sure your will is valid and reflects your wishes.

Knowing common errors and legal requirements helps protect your assets and ensures your wishes are honoured.

How to write a will in Ontario without a lawyer?

You can write your own will by putting your wishes in writing, signing the document, and having two witnesses sign it. The witnesses must not be beneficiaries.

Using online will kits is possible, but may not suit complex estates.

How do I write a handwritten will in Ontario?

A handwritten will, called a holographic will, must be entirely written and signed by you. It does not require witnesses to be valid.

It’s best used for simple situations to avoid confusion or legal disputes.

What is the biggest mistake with wills?

The biggest mistake is not making a will at all. Another is using a generic form without considering your unique situation.

This can cause family conflicts and costly legal delays after your death.

What makes a will legally binding in Ontario?

A will must be in writing, signed by you, and witnessed by two adults who are not beneficiaries. You must be mentally capable when making the will.

If any of these are missing, the will may be invalid.

Do wills in Ontario need to be notarized?

No, notarization is not required in Ontario. The signature and witnessing rules are the key legal requirements.

Notarizing a will can sometimes help prove its authenticity but is not a legal necessity.

What is the best way to write a simple will?

For a simple will, type or handwrite your clear instructions. Sign it, and have two witnesses who are not beneficiaries sign as well.

List your assets and name an executor. Clearly state who will receive each item.

Keep your will in a safe place. Update it when needed.