Will
In Ontario, a will is a legal document that sets out how a person’s property and assets (the “estate”) are to be dealt with on death. A properly drafted and executed will can provide clear direction, reduce uncertainty for loved ones, and assist with a smoother estate administration process.
A will typically appoints an Estate Trustee (sometimes informally called an “executor”) to administer the estate, pay debts and taxes, and distribute assets to beneficiaries in accordance with the will. Where probate is required, the Estate Trustee may apply to the Ontario Superior Court of Justice for a Certificate of Appointment of Estate Trustee.
What an Ontario Will Commonly Includes
- Appointment of an Estate Trustee (and an alternate)
- Gifts of specific items or sums of money
- Distribution of the “residue” (the remainder of the estate after debts, expenses, and specific gifts)
- Contingency planning if a beneficiary dies before the testator
- Appointment of a guardian for minor children (where applicable)
- Practical instructions (for example, funeral wishes, which are generally not legally binding)
Why a Will Matters in Ontario
If a person dies without a valid will, their estate is generally distributed under Ontario’s intestacy rules, which may not reflect personal intentions or family circumstances. A clear, current will can also reduce the risk of delay, confusion, and disputes.
Execution Requirements (Ontario Overview)
Ontario law imposes formal requirements for a will to be valid. In general terms:
- A formal will is typically in writing, signed by the testator, and witnessed by two witnesses who are present at the time of signing and who also sign.
- Ontario also recognises holograph wills (wills that are wholly in the testator’s handwriting and signed), which generally do not require witnesses.
- Certain restrictions can apply where a witness (or a witness’s spouse) is also a beneficiary.
Keeping a Will Up to Date (Ontario Considerations)
Wills should be reviewed when circumstances change, including marriage, separation, divorce, blended family arrangements, births/adoptions, significant changes in assets, or changes in intended beneficiaries. In Ontario, changes in marital status can affect how certain provisions operate, so updates are often prudent.
