If you live in Ontario and haven’t gotten around to making a will yet, you’re not alone—nearly half of all Canadians don’t have a valid will in place.
But writing a will is an important part of planning what will happen to your estate after you pass. Not only does it give you a chance to decide how you want your assets distributed, it provides you an opportunity to plan for the care of your children and pets.
We’ll walk you through the entire process, from what you need to include in your will to how to store it when you’re done.
Key Takeaways
- Before you write your will in Ontario, choose a trustworthy executor to administer your estate after you pass.
- In your will, name any beneficiaries and what you want them to receive.
- Designate guardians for any minor children or pets.
- Sign your will in the presence of two non-beneficiary witnesses.
- Store your will in a secure place and update it regularly.
How to write a will in Ontario, Canada
When you’re ready to start long-term estate planning, writing a will is the best place to begin. Your will is where you’ll specify how you want to divide up your possessions, property, and other assets (together known as your "estate") after you die.
To legally write your will in Canada, you need to be mentally capable – meaning you understand what’s included in your estate and what you want to do with it. In most cases, you’ll also need to be 18 or over, unless:
- You’re married, have been married, or are contemplating getting married (and then follow through)
- You’re a member of the Canadian Forces
- You’re a sailor who’s away at sea
List your assets for reference
Before you get started, it’s a good idea to make a list of all of your assets. You don’t need to include this list in your will, but it can be helpful to refer to the list when you’re deciding how you want to divide up your estate.
Include anything of monetary or sentimental value, including homes or property, vehicles, jewelry, family heirlooms, valuable art, bank accounts, and insurance policies. Assets that are jointly owned with another person will go directly to them and don’t need to be included in your will.
Choose an executor for your will
An executor is a person who will oversee the distribution of your estate by following the instructions you leave in your will. You can name multiple executors.They’ll handle communication with banks, insurance companies, and other official entities.
Be sure to choose someone you trust, and make sure they’ll have the time to properly handle the responsibilities of the role. It’s a good idea to check with the person before you officially choose them to make sure they’re comfortable acting as executor.
If you’re not sure who to choose, you can hire a professional executor instead.
Name your beneficiaries and what they’ll receive
In your will, write down a list of anyone you want to include in your estate. This can include family, friends, or even non-profit organizations. These are known as your beneficiaries.
Specify what you want to leave to each beneficiary. This might mean listing which specific items you want to go to each person, or you might simply write down what percentage of your total estate you want each person to get.
Choose guardians for your minor children or pets
If you have young children or pets, write down who you want to be responsible for their care after you die. Include this even if you’re married in the unfortunate case you and your spouse both pass on at the same time.
Try to choose someone who would be willing to raise your children with the values that are important to you, or to care for your pets in the way that you would. And just like when you’re choosing an executor, be sure to talk to the potential guardians ahead of time to make sure this is something they’re comfortable with.
Sign the will in the presence of 2 witnesses
In order for a typed will to be legally valid in Ontario, it needs to be printed out and signed in the presence of two witnesses. These witnesses can not be named in your will – if they are, it could cause your will to be deemed invalid.
Be sure you and the witnesses sign at the bottom of the last page of the will. If there’s anything after your signatures in the text, someone could argue that it was added without your knowledge.
Store your will safely and update it as needed
After you’ve signed your will, keep it in a secure spot, like a safety deposit box at your bank. You can also keep a copy with your attorney, if you have one.
Just be sure to tell your executor where your will is located – if they’re not sure where to find it, it could delay the distribution of your estate.
Update your will every few years or after major life events like getting married, divorced, buying property, or having children.
Pros and cons of 4 types of wills
There are four main types of wills: handwritten (also called holographic), paper will kits, online will kits, and attorney-drafted wills. Here’s a little more about each:
Handwritten wills
Cost: Free
Pros: You can write out your own will by hand at any time—and in Ontario, you’re not required to have witnesses sign a handwritten will. And because you’re writing your wishes by hand, it’s free.
Cons: Unless you’re a legal expert, there’s a risk that you might include vague or contradictory language if you write your own will. This could potentially delay the execution of your estate, invalidate your will, or cause your estate to be distributed inaccurately.
Paper will kit
Cost: $25–$50
Pros: Paper will kits are inexpensive and easy to use – you start with a pre-printed template, then just fill in the blanks with your information. And since most will kit companies partner with a legal team, the will is more likely to be legally sound than a handwritten one.
Cons: Paper will kits can’t be customized much, so unless your estate is very simple, it may not work for you. And you’ll need to buy a new kit every time you want to update your will.
Online will kit
Cost: $50–$200
Pros: Online will kits are easy to use, and they’re more customizable than paper kits. It’s also incredibly easy to update online wills, with many companies giving you the option to update your will for free.
Cons: If you have a complicated estate, an online will may not provide the level of customization or specificity you need.
Looking for an affordable option for an online will creation? Try Epilogue Wills, our pick for the best online will service in 2025.
Hiring an attorney to draft your will
Cost: $300 and up
Pros: If your estate is complex – like you have a blended family, dual citizenship, or you need to provide care for a beneficiary with a disability – hiring an estate lawyer is your safest bet. They’ll be able to ensure your will is legally sound and clearly-defined. An attorney can also give you tips on minimizing the taxes imposed on your estate after your death.
Cons: Hiring an attorney can be expensive. Estate services start at several hundred dollars, but costs can go into the thousands, especially if your will needs to be heavily customized. And you may have to pay additional fees each time you update your will.
Why do I need a will?
If you don’t have a will, the courts will decide who inherits your assets, and assign guardians for any children or pets. These designations will be based on provincial law, which may not result in your preferred choices.
In Ontario, these laws are spelled out in the Succession Law Reform Act. The order of succession is:
- If you’re married and don’t have children, your estate will go to your spouse.
- If you’re married and do have children, your spouse will get the first $350,000 of your estate, and the rest will be divided between your children.
- If you’re not married and you have children, the estate will be evenly divided between your children. If any of your children have died, their children will inherit that share.
- If you don’t have a spouse, children, or grandchildren, your estate would go to your parents, siblings, or other next of kin, in that order.
- If you don’t have any next of kin, your estate will go to the government.
FAQ
How to write a legal will in Ontario, Canada
To write a legal will in Ontario, Canada you need to be 18 or older and of sound mind. You’ll need to name your beneficiaries, describe what you want each of them to receive, and appoint an executor. If the will is typed, you have to sign it in the presence of 2 witnesses who aren’t in your will.
Can I write my own will in Ontario?
Yes, you do not legally need the assistance of a lawyer to write a will in Ontario.
Does a will in Ontario need to be registered?
No, you don’t have to register a will in Ontario for it to be considered valid. Just be sure your executor knows where to find it when the time comes.
What doesn’t need to be included in a will?
You don’t need to include a full list of your assets in your will. Also, don’t include funeral instructions—they aren’t legally binding in wills.
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