Ontario residents who search for will-writing guidance are usually looking for one thing: answers that actually apply to them. Will laws vary across Canada, and a general Canadian guide does not always tell you what you need to know about making a will in Ontario specifically. This post does. It covers the Ontario-specific rules, the signing requirements, what probate costs, and how to create a will in Ontario without necessarily hiring a lawyer. For most Ontario residents with a straightforward estate, the process is more manageable than you might expect.
Who Can Make a Will in Ontario?
To make a valid will in Ontario, you need to meet two requirements under the Succession Law Reform Act.
Age: You must be at least 18 years old. Exceptions apply if you are or have been married, or if you are a member of the Canadian Armed Forces on active service.
Testamentary capacity: This means you are of sound mind when you make your will. In plain language, you understand what a will is, what property you own, who your family members are, and what you are signing. For most people, capacity is not a concern. It becomes relevant when illness, age, or medication may affect a person’s understanding at the time of signing.
If you meet both requirements, you can make a will in Ontario. And if you die without one, Ontario’s intestacy laws decide how your assets are distributed, which may have nothing to do with what you actually wanted. Our guide on dying without a will in Ontario explains what that looks like in practice.
What to Include in an Ontario Will
A complete Ontario will should address six key elements.
Executor: In Ontario, the executor is sometimes referred to as an estate trustee. This is the person responsible for carrying out the instructions in your will after you die. They locate your assets, pay debts and taxes, and distribute your estate to your beneficiaries. To understand the full scope of the role, read our guide on what an executor does in Ontario.
Choose someone you trust who is organized and capable of handling financial and administrative tasks. Name at least one alternate executor in case your first choice is unable or unwilling to act.
Beneficiaries: Beneficiaries are the people or organizations who receive your assets. Use full legal names throughout, not nicknames or informal references. Name alternate beneficiaries in case a primary beneficiary dies before you do.
Specific gifts: If you want to leave particular items to particular people, name them explicitly. A piece of jewellery, a vehicle, a family heirloom. Vague instructions invite disputes among the people you leave behind.
Residual estate: The residual clause covers everything not specifically named elsewhere in your will. Without one, unnamed assets may be distributed under Ontario’s intestacy laws rather than according to your wishes.
Guardian for minor children: If you have children under 18, your will is where you name the person you want to raise them if both parents die. Ontario courts give serious weight to a parent’s expressed wishes, though the final decision rests with the court. Without a named guardian, that decision is made entirely without your input.
Funeral and burial wishes: You can include instructions for your funeral, burial, or cremation. Your will may not be located until after arrangements have been made, so communicate your wishes to your executor directly as well.
How to Create a Will in Ontario: Step by Step
Creating a will in Ontario follows a clear process. Here are the steps from start to finish.
Step 1: Take stock of what you own. List your assets — your home, vehicle, bank accounts, investments, registered accounts (RRSP, TFSA, RESP), personal property, and any business interests. Note any significant debts as well. This gives you a complete picture of your estate before you start making decisions about it.
Step 2: Decide who gets what. Go through your asset list and decide who receives each item or category of assets. Think through what happens if a beneficiary dies before you do and name alternates for each.
Step 3: Choose your executor. Pick someone you trust who is capable of handling financial and administrative tasks. Tell them you are naming them before you finalize the will. An executor who is surprised by the role after you die is at a disadvantage from the start.
Step 4: Name a guardian if you have minor children. Have this conversation with the person you intend to name before putting it in writing. Make sure they are willing and prepared to take on the responsibility.
Step 5: Write the will or use a will kit. For most Ontario residents with a straightforward estate, an online will kit is the practical choice. WillKit guides you through every section in plain language, builds your document as you go, and ensures nothing is missed. A lawyer is worth the cost for more complex situations — blended families, business assets, trusts, or significant cross-provincial holdings.
Step 6: Sign in front of two witnesses. Both witnesses must be present when you sign and must sign the will themselves in your presence and in each other’s presence. See the next section for the Ontario-specific rules on who can and cannot serve as a witness.
Step 7: Store it somewhere your executor can find it. Tell your executor where your will is kept. Consider registering it with the Canada Will Registry so it can be located if needed.
Ontario Will Signing and Witness Requirements
Getting the signing right is as important as getting the content right. A will that is not properly executed may not hold up.
Two adult witnesses. Both must be at least 18 years old and must be present when you sign. They must then sign the will themselves in your presence and in each other’s presence. All three of you must be in the same room at the same time.
Who cannot witness your Ontario will. Under the Succession Law Reform Act, a gift to a witness — or to the spouse of a witness — may be voided even if the rest of the will remains valid. There is no benefit to naming a beneficiary as a witness, and the risk is significant. Use neutral parties.
Does your Ontario will need to be notarized? No. Ontario does not require a will to be notarized to be legally valid. However, having your witnesses sign an affidavit of execution before a notary or commissioner of oaths can make the probate process considerably smoother. It is a small step worth taking at the time of signing.
Remote witnessing in Ontario. Ontario permanently allows wills to be witnessed remotely via audio-visual technology under changes to the Succession Law Reform Act. Both witnesses must be able to see and hear you in real time, and specific procedural requirements apply.
For a full breakdown of witness rules across all provinces, read our guide on who can witness a will in Ontario.
Probate in Ontario: What You Need to Know
Probate is the legal process by which Ontario’s Superior Court of Justice certifies that your will is valid and confirms your executor’s authority to act on behalf of the estate.
Not every estate requires probate, but most do — particularly when real estate is involved or when financial institutions require formal confirmation of the executor’s authority before releasing assets.
Ontario’s Estate Administration Tax. Ontario charges an Estate Administration Tax based on the total value of the estate. As of 2025, the rate is approximately $15 per $1,000 of estate value above $50,000. There is no tax on the first $50,000. For an estate worth $500,000, the Estate Administration Tax would be approximately $6,750.
What passes outside probate. Assets that transfer directly to a named beneficiary — such as RRSPs, TFSAs, and life insurance policies — do not go through probate. Jointly owned property with right of survivorship also passes outside the estate. Everything else typically flows through the probate process.
A well-structured will and thoughtful beneficiary designations on your registered accounts can minimize what goes through probate and reduce the tax your estate pays.
How Much Does a Will Cost in Ontario?
Hiring a lawyer. A basic will prepared by an Ontario lawyer typically costs between $500 and $1,500. More complex situations — blended families, business assets, trusts, multiple properties — cost more. Lawyer fees are not regulated in Ontario, so rates vary significantly between firms and cities.
Using an online will kit. For most Ontario residents with a straightforward estate, an online will kit provides the same legal outcome at a fraction of the cost. WillKit offers a complete, legally valid Ontario will for $59, with plain-language guidance through every section. No appointment needed, no hourly billing, and you can update your will at any time at no extra cost.
For most people, the choice is practical: a lawyer for complex situations, a will kit for everything else.
Updating Your Will in Ontario
Your will should be reviewed at least once a year and updated after any major life change.
Marriage revokes your will in Ontario. This is one of the most important Ontario-specific rules to know. If you made a will before getting married and did not update it after, that will is revoked by your marriage unless it was made in contemplation of that specific marriage. Many Ontarians are unaware of this and assume their existing will still applies.
Divorce does not fully revoke your will. In Ontario, divorce revokes gifts to a former spouse and their appointment as executor, but the rest of the will remains in effect. If you have divorced and not updated your will, review it carefully.
How to update your will. You can update your will by adding a codicil — a formal amendment — or by writing an entirely new will that revokes the previous one. WillKit allows you to update your will online at any time at no additional cost, which makes keeping it current straightforward.
Creating a Will in Ontario Is Within Reach
For most Ontario residents, the hardest part of creating a will is not the paperwork. It is making the decisions: who gets what, who is in charge, and who raises your children if something happens to both parents. Once those decisions are made, the process itself takes about 20 minutes.
WillKit guides you through every section in plain language, builds your Ontario will as you go, and ensures it meets the requirements of the Succession Law Reform Act. A complete will costs $59. No lawyer needed, no appointment required, and you can update it any time your circumstances change.
Start your Ontario will at will-kit.ca
This article provides general information only and does not constitute legal advice. Ontario estate laws may change over time. If your estate is complex or you have specific legal questions, consult a qualified estate lawyer licensed in Ontario.
Sources:
Ontario Succession Law Reform Act (ontario.ca) — Age, capacity, witness requirements
Ontario Ministry of Finance — Estate Administration Tax — Probate fee rates and calculation
Canada.ca — Wills and estate planning — General framework, authoritative citation
