You can use the tool below to download a will template.
A will is a legal document created to address the disposition of your property and the custody of your minor children in the event of your death. A will has no legal effect until the person who made it has died. It is estimated that fewer than 50% of Canadians have a will. Adults with children and property should have a will of their own in case the unexpected happens.
A will performs several important functions:
- If you have minor children — that is, children under the age of 18 — a will gives you the opportunity to name a guardian and express your wishes as to who will take responsibility for caring for your children and their property if you pass away;
- A will lets you leave instructions on how your property should be distributed when you die. This can include everything from your home, land, bank accounts, and investments, to all of your other personal property;
- A will lets you name the person who will handle all of your personal affairs and carry out the instructions you leave in your will. This person is called the estate trustee, personal representative, executor, or — under the law of the province of Quebec — the liquidator; and
- A will can also be an important part of estate planning to help reduce the tax burden when passing property on to family members.
If you die without leaving a will, your property will be distributed according to the laws of Ontario. A set procedure will divide your property based on family relationships. Even if you would want your property divided exactly as Ontario law provides, you should still have a will, as it reduces the delays and costs associated with administering your estate.
Requirements for a Valid Will
For a will to be valid, it must meet several important requirements:
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The will must be in writing and signed. If it is typed, or not prepared entirely by the person making it, it must be signed in front of two witnesses, and the two witnesses must also sign your will document.
In some provinces, such as Ontario, wills and powers of attorney may be witnessed remotely, also known as witnessed online. This means the person making the will and the two witnesses may participate in a video call to witness the signing of the will and power of attorney; one of the two witnesses must be a member of the provincial Law Society or a Notary Public. The second witness, who does not need to be a member of the provincial Law Society, may be a friend or acquaintance of yours, but must NOT have any rights or interests related to the will you are leaving behind.
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The person making the will must be 18 years of age or older (or 16 in the province of BC), or, if younger than the legal age, you must:
- be married;
- be contemplating marriage (though the will has no effect until the marriage takes place); or
- be a member of the Canadian Armed Forces.
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The person making the will must have full mental capacity to make a will. Generally, a person has full mental capacity if they are able to understand the purpose and effect of making a will. This can become an important question if the person making the will is elderly.
New Rules for Previously "Invalid" Wills
The Accelerating Access to Justice Act, Bill 245, which took effect on January 1, 2022, made several changes to the Succession Law Reform Act.
One important change is that, previously, if a will was not executed perfectly and did not strictly comply with every single requirement, it was considered "strictly invalid." As of January 1, 2022, the Courts may treat a will that is "strictly invalid" as legally valid. For example, the Courts may declare a will signed by only one witness instead of two to be valid. This is understood as the will having achieved "substantial compliance" with the minimum statutory principles, even though it lacks the full, strict rigor of the statutory rules.
