Wills and Estates
Do I Need a Lawyer to Make a Will in Ontario
Many Ontarians put off making a will because they assume it means hiring a lawyer and spending a lot of money. The truth is more flexible. The law does not force you to use a lawyer. It does set out clear requirements your will must meet, and it spells out what happens if you do not have a valid will at all. Here is what you need to know before you decide.
What makes a will valid in Ontario
Ontario recognizes two main kinds of personal will. The first is a formal will. It must be in writing, signed by you at the end, and witnessed by two people who are present together when you sign. Your witnesses can be any adults, as long as they are not people who inherit under the will or the spouses of those people, since a gift to a witness can fail. The second is a holograph will, which is written entirely in your own handwriting and signed by you. A holograph will does not need any witnesses.
You also need to be at least 18 years old in most cases, and you must have the mental capacity to understand what you own and who you are providing for. Since 2022, Ontario also permits wills to be witnessed over video, as long as at least one witness is a lawyer or licensed paralegal. Even then the document must be printed and signed in ink. Ontario does not recognize fully electronic or digital wills.
What a lawyer does that a kit does not
A do it yourself kit gives you a template. It does not give you advice. A lawyer looks at your whole picture and helps you avoid the traps that turn a simple estate into a dispute. That includes making sure the will is signed and witnessed correctly, using clear language so your wishes cannot be read two ways, and naming a capable estate trustee with proper powers.
What happens if you die without a will in Ontario
If you die without a valid will you are said to die intestate, and a government formula decides who inherits. You lose all say in the matter. The court also has to appoint someone to administer the estate, which is slower and often more costly. The table below shows the basic shares when there is a married spouse, under the current rules.
| Your situation | Who inherits with no will |
|---|---|
| Married spouse, no children | Your spouse inherits everything |
| Married spouse and one child | Spouse receives the first 350,000 dollars, then the rest is split equally between the spouse and the child |
| Married spouse and two or more children | Spouse receives the first 350,000 dollars, then one third of the rest, and the children share the other two thirds |
| Children but no spouse | The children inherit equally |
| Common law partner only | Does not automatically inherit, although a financial support claim may be possible |
The first 350,000 dollars that a married spouse receives is called the preferential share. Two points surprise people most. A common law partner does not automatically inherit anything under these rules, no matter how long you lived together. And the formula does not care about your actual relationships, so it can easily send your estate somewhere you would never have chosen.
Recent changes worth knowing
Ontario updated its estate laws in 2022, and a few changes are worth knowing. Getting married no longer cancels an existing will, which used to catch people by surprise. If you separate from a married spouse and meet the legal test, that spouse can lose the gifts left to them, much as a divorce would do. And courts now have a limited power to validate a will that does not perfectly meet the formal requirements. That last change is helpful, but relying on it means a court application, delay, and legal costs for your family, so it is far better to get the will right the first time.
So when can you do it yourself
A simple do it yourself will may be enough if your situation is straightforward, for example a modest estate, a clear and uncomplicated family, and one obvious person to leave everything to. The risk rises quickly with blended families, dependants who need protection, business interests, larger or mixed assets, or any wish that is even slightly out of the ordinary. If you are unsure which camp you are in, a short conversation with a wills and estates lawyer is usually worth it. The cost of getting advice now is small next to the cost of fixing a flawed will later. If you would like a lawyer to handle it, James Deep Law offers fixed fee wills, so you know the full cost up front.
Frequently asked questions
Is a handwritten will legal in Ontario?
Yes. A will written entirely in your own handwriting and signed by you is called a holograph will, and it does not need witnesses. It must still be clear and reflect your final wishes, which is where many handwritten wills run into trouble.
Does a will need to be notarized in Ontario?
No. Ontario does not require a will to be notarized. A formal will needs your signature and two witnesses present together. Notarization is sometimes used for related documents but it is not what makes a will valid.
How much does a lawyer charge to make a will in Ontario?
James Deep Law offers fixed fee wills. An individual package is 800 dollars plus HST and covers a will and two powers of attorney, one for property and one for personal care. A couple package is 1,400 dollars plus HST and covers two wills and four powers of attorney. James can confirm the right option for you before any work begins.
What happens to my children if I die without a will?
Without a will the court decides who manages a young child's inheritance, and a minor's share is generally held by the court until age 18. A will lets you name a guardian and set sensible terms instead.
Do common law partners inherit in Ontario?
Not automatically. Under the intestacy rules only a married spouse has an automatic share. A common law partner who is left out may have to bring a dependant support claim, which is uncertain and stressful. A will is the clean way to provide for a common law partner.
Wills and estates
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This article provides general information about Ontario law and is not legal advice. For advice about your own situation, please contact James Deep Law.