Ontario Last Will and Testament — 2026

A Last Will and Testament is the cornerstone of any estate plan. In Ontario, the formal requirements for a valid will are governed by the Succession Law Reform Act (SLRA). Without a valid will, your estate is distributed according to the statutory intestacy rules under Part II of the SLRA — which may bear no resemblance to your actual wishes. Our template provides a comprehensive, fully SLRA-compliant will that addresses executor powers, specific bequests, residuary distribution, and guardianship of minor children. Drafted to meet the two-witness execution requirement and avoid common drafting pitfalls, this is the most important legal document most individuals will ever sign. We recommend reviewing it annually and after any major life event.

Succession Law Reform Act, R.S.O. 1990, c. S.26

Legal Requirements in Ontario

  • Two-witness execution rule: the testator must sign the will in the presence of two witnesses, who must sign in the testator's presence and in each other's presence
  • Witnesses must not be beneficiaries or spouses of beneficiaries — a bequest to a witness is void (the will remains valid)
  • Testator must be 18 years of age or older (or married, under the SLRA exception)
  • Holographic wills (entirely handwritten, signed by testator) are technically valid but strongly discouraged for anything beyond a simple estate
  • Executor duties: locating and managing estate assets, paying debts, filing final tax returns, and distributing the estate according to the will
  • Probate (Certificate of Appointment of Estate Trustee) may be required to administer real property and financial accounts over certain thresholds
  • Dependant's relief provisions: spouses, children, and other dependants may apply to court to vary the will if not adequately provided for under s. 58 of the SLRA

What's Included in This Template

  • Revocation clause (revokes all prior wills and codicils)
  • Executor and alternate executor designation
  • Guardian designation for minor children
  • Specific bequests section (personal property, real estate, financial accounts)
  • Residue clause directing the remainder of the estate
  • Executor powers clause (broad authority to manage and liquidate assets)
  • Common disaster clause (survivorship provision)
  • Execution page with witness attestation
  • ILA — Independent Legal Advice recommendation for complex estates

How to Complete This Document

  1. Enter your full legal name, date of birth, and address as the testator.
  2. Name your primary executor and one or more alternate executors with their full names and addresses.
  3. If you have minor children, name a guardian — ideally someone you have consulted with in advance.
  4. List any specific bequests (e.g., "I give my 2020 Honda Accord to my daughter Jane Doe").
  5. Complete the residue clause to direct who receives the balance of your estate after debts and specific bequests.
  6. Sign the will in the physical presence of two witnesses — all three must be in the same room. Do not sign before both witnesses are present.
  7. Both witnesses sign and print their names and addresses.
  8. Store the original in a secure location and advise your executor where it can be found.

Frequently Asked Questions

Does my will need to be witnessed in Ontario?

Yes. Under the Succession Law Reform Act, a formal will in Ontario must be signed by the testator in the presence of two witnesses, who must also sign the will in the testator's presence and in each other's presence. Witnesses should not be beneficiaries or spouses of beneficiaries.

Are holographic wills valid in Ontario?

Holographic wills (entirely handwritten and signed by the testator, with no witnesses required) are technically valid under the SLRA. However, they are strongly discouraged for complex estates as they are frequently challenged, may be unclear, and often fail to address important issues like executor powers and residue distribution.

Can I name my spouse as both executor and beneficiary?

Yes. It is common and generally advisable to name your spouse as your primary executor and primary beneficiary. However, you should also name an alternate executor and alternate beneficiaries in case your spouse predeceases you or is unable to act.

Do I need probate if I have a will?

Not always. Probate (now called a Certificate of Appointment of Estate Trustee in Ontario) is required when third parties such as banks, land registrars, or investment firms require court confirmation of the executor's authority. It is commonly required for real property and large financial accounts.

Should I get a lawyer to draft my will?

For simple estates, a well-drafted template with proper execution may be adequate. For complex estates — including those with significant assets, minor children, blended families, business interests, or US property — consulting a licensed Ontario estates lawyer is strongly recommended. LexChest can connect you with a qualified wills and estates lawyer.

When You Need a Lawyer Instead

If your estate involves significant assets, a business interest, US-situs property, minor children, a blended family, or dependants with special needs — Independent Legal Advice from a licensed estates lawyer is strongly recommended before signing. LexChest can connect you with a qualified Ontario estates lawyer via our ILA service.