What Makes a Will Valid in Ontario?

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The rules a will has to meet

Ontario’s rules for making a will are in Part I of the Succession Law Reform Act, usually shortened to the SLRA. They are short, and they are strict. A will that misses one of them can fail even when everyone in the family knows exactly what the person wanted. That is why the signing is treated as seriously as the drafting when we prepare wills and powers of attorney for clients.

For an ordinary typed will, five things have to be true:

It is in writing. Section 3 says a will is valid only when it is in writing. A video recording or a spoken wish is not a will.
It is signed at the end. You sign it, or someone signs it for you in your presence and at your direction. Section 7 is forgiving about exactly where the signature sits, but anything written below the signature, or added after you signed, does not count.
Two witnesses see you sign. You make or acknowledge your signature in front of at least two witnesses who are present at the same time (section 4(2)(b)).
The witnesses sign in front of you. Each witness then signs the will while you are present (section 4(2)(c)). No special wording, called an attestation clause, is legally required, although a well-drafted will includes one.
You have the age and capacity to make it. Ontario’s guidance says you can make a will if you are at least 18 and mentally capable, which means you understand what property you have and what you are doing by making a will.

Everything else, from how the will divides your estate to who you name as estate trustee, is about whether the will says the right things. These five points decide whether it counts at all. Our estate planning work starts with the content, but it always ends with a signing that ticks every one of them.

How a will signing usually works, step by step

A formal signing is not complicated, but the order matters. This is how a signing generally runs, whether it happens around a boardroom table in Richmond Hill or by video.

Final read-through. You confirm the will reflects your instructions. Any change is made in the document before signing, never by hand afterwards.
Two witnesses join. They should be adults who receive nothing under the will, and whose spouses receive nothing either. More on that below.
You sign at the end. Both witnesses watch you sign, or you tell them the signature already on the page is yours.
Each witness signs. They sign in your presence. It is good practice for you and the witnesses to initial each page as well, so no page can be swapped later.
A witness swears an affidavit of execution. This is a sworn statement, on Form 74D under Rule 74 of the Rules of Civil Procedure, that the will was signed properly. When the will is later probated, the court asks for it as part of the application for a Certificate of Appointment of Estate Trustee. Having it sworn on signing day saves your family from hunting for a witness years later.
The original goes somewhere safe. A lawyer’s vault, a safety deposit box, or the Superior Court of Justice, which accepts wills of living people for safekeeping under section 2 of the Estates Act and Rule 74.02.

Signing by video adds conditions of its own, including that one witness must be a lawyer or paralegal licensed by the Law Society of Ontario. We explain them in can you sign a will by video in Ontario.

The three ways to make a valid will in Ontario
Type of will	How it must be made	Witnesses	Where the rule is
Formal (typed) will	In writing, signed at the end by you or by someone at your direction	Two, present together, who sign in your presence	SLRA ss. 3, 4(2), 7
Formal will signed by video	Same as above, with the witnessing done by real-time audio-visual link; the signing and witnessing must happen at the same time	Two, at least one a licensee of the Law Society of Ontario	SLRA s. 4(3) and (4)
Holograph (handwritten) will	Wholly in your own handwriting and signed by you	None needed	SLRA s. 6
Will of a member of the forces on active service, or a sailor at sea	In writing and signed by you or at your direction	None needed	SLRA s. 5

What changes the answer

A witness who is also a beneficiary

This is the rule that catches most homemade wills. Under section 12(1), if a witness, or the witness’s spouse, receives a gift under the will, the gift to them is void. The will itself still stands; only their gift falls away. There are two ways out: section 12(4) saves the gift if two other witnesses who are not beneficiaries also signed, and section 12(3) lets the Superior Court of Justice save it if it is satisfied there was no improper or undue influence. Both are a poor substitute for choosing independent witnesses. Your estate trustee can witness, though: section 14 says being named executor does not disqualify a witness.

Age

A will made by someone under 18 is not valid unless, at the time, they were married or had been married, were making the will in contemplation of marriage to a named person (it only takes effect if that marriage happens), or were a member of the regular forces, on active service or a sailor at sea (section 8).

Handwritten wills

Section 6 lets you make a valid will wholly in your own handwriting and signature, with no witnesses at all. “Wholly” is doing a lot of work in that sentence. We look at the traps in is a handwritten will valid in Ontario.

Changes made after signing

Crossing out a gift or writing in a new one after the will is signed usually has no effect, unless the change is itself signed by you and witnessed in the margin or next to it (section 18). An unwitnessed change can still damage the will, because it can make the original words impossible to read. The cleaner route is a codicil or a new will.

Court validation when the formalities were missed

For deaths on or after January 1, 2022, section 21.1 lets the Superior Court of Justice declare a document valid as a will even though it was not properly signed or witnessed, if the court is satisfied it sets out the person’s testamentary intentions. That is a court application, with the cost and delay that comes with it, and the same section says it does not open the door to electronic wills. It is a safety net for families, not a plan.

Life changes after the will is signed

A valid will can still stop saying what you meant. Since January 1, 2022, getting married no longer revokes an existing will (the old section 16 was repealed), which we cover in does getting married cancel your will in Ontario. Divorce, and in some cases separation, revokes gifts to a former spouse under section 17.

Example

For example, imagine Priya, who lives in Markham, prints a will kit, fills in the blanks, and signs it at her kitchen table. Her sister Meena and Meena’s husband act as witnesses, both watching her sign and then signing themselves. The will leaves the house to Priya’s two children and $20,000 to Meena.

The will is valid: it is in writing, signed at the end, and properly witnessed. But because Meena witnessed it, her $20,000 gift is void under section 12(1), and her husband’s role as the second witness does not help. Unless a court later finds there was no undue influence, the $20,000 falls back into the rest of the estate. Two neighbours as witnesses would have avoided the problem entirely.

Common mistakes that put a will at risk

Using a beneficiary, or a beneficiary’s spouse, as a witness. The will survives, but their gift does not.
Witnesses who are not in the room together. Section 4 requires both witnesses to be present at the same time when you sign or acknowledge your signature. One witness now and one next week does not meet it.
Mixing handwriting and a form. A will kit filled in by hand is not “wholly” in your handwriting, so it still needs two witnesses.
Writing changes onto the signed original. Unwitnessed changes have no effect and can cast doubt on the rest of the will.
Losing track of the original. The court generally wants the original will for probate. A photocopy leads to a harder, slower application.
Assuming a will from years ago still works. Marriage, separation, a new child or a new business can all change what the will needs to say. Business owners in particular should read whether a secondary will for private company shares fits their plan.

What to do this week

Find your current will and check that you have the original, not a copy.
Look at the last page: is it signed by you and by two witnesses? Write down who the witnesses were.
Check whether either witness, or a witness’s spouse, receives anything under the will.
Look for handwritten changes made after signing, and note them.
List what has changed since you signed it: marriage, separation, children, property, a business.
Check that you also have both powers of attorney, for property and for personal care, since a will does nothing while you are alive.
Gather what you need for a review, using our consultation checklist.
If anything on this list worries you, book a review. A first consultation takes 30 minutes, by video or in person, and you can request one here.

Frequently asked questions

Does a will have to be notarized in Ontario?

No. Ontario does not require a will to be notarized. What the SLRA requires is writing, your signature at the end and two proper witnesses (or your own handwriting throughout, for a holograph will). A sworn affidavit of execution from one witness is a separate document that helps at probate.

Who can be a witness to a will in Ontario?

Choose two adults who receive nothing under the will and whose spouses receive nothing either. Your estate trustee may act as a witness. Your own spouse should not, because a gift to a witness, including a spouse who witnesses, is void under section 12.

Is an online or will-kit will valid?

It can be, if it is printed and signed with two witnesses exactly as section 4 requires. Ontario’s own guidance notes that these low-cost methods only work if the will is prepared correctly. The risk is less the form itself than what it leaves out, such as alternate estate trustees, guardians or business shares. We weigh that up in do you need a lawyer to make a will in Ontario.

Is an electronic or typed-and-emailed will valid?

No. A will must be in writing and signed, and section 21.1 expressly does not extend to electronic wills. Video witnessing is allowed, but the will itself is still signed on paper, sometimes in identical copies signed in counterpart.

Does a will need to be registered anywhere?

No registration is required. You can deposit your original will with the Superior Court of Justice for safekeeping, and many people leave it with the lawyer who prepared it. What matters most is that your estate trustee knows where it is.

Is a will made in another province or country valid here?

Often it is, under the conflict of laws rules in sections 36 and 37 of the SLRA, which look at where the will was made and where the person lived, but it may not fit Ontario property or Ontario procedure well. If you have moved to Ontario, a review is worth the time.

What if my will was not signed properly?

While you are alive, the fix is simple: sign a new will correctly. After a death, the family can ask the court to validate the document under section 21.1, but only for deaths on or after January 1, 2022, and only with evidence of the person’s intentions.

Sources

This page is general information about Ontario law, not legal advice for your situation. It reflects the law as of October 25, 2026.