Signing Wills in Ontario - Updated May 14, 2021
Everyone should have a will - but do you know what you need to do to create one?
In this blog post, we discuss the requirements for signing wills in Ontario, and how Downtown Notary can help.
What is a will?
A will is a legal document that sets out who will inherit their estate (their property, possessions and other personal items) when someone dies.
Why do I need a will?
A valid will is a very important document. It’s the easiest way to ensure that your wishes for the distribution of your property are followed after you die, and can help avoid disputes and confusion that may arise regarding your estate.
Every adult needs a valid will, whether or not they have a lot of property. A valid will is essential for anyone who is legally married, has a common law spouse or is recently separated but not divorced.
You might be asking yourself, what’s the big deal about not having a valid will? Aren’t there laws that deal with this?
While it’s true that there are laws that set out how property is distributed when a person dies without a valid will (called “dying intestate”), not having a will creates many challenges for your loved ones.
The law has specific rules about how property is distributed, and these rules may or may not align with your wishes. This means that while you may have intended for your favourite niece to inherit money for her education, she may not receive anything if you don’t specify this in your will. This raises the opportunity for confusion, conflict and disappointment.
When a person dies intestate, their loved ones are required to go through a complex legal process to have the estate distributed. This often requires the help of lawyers, and can be very expensive and time-consuming.
Creating a will is a very easy and simple way to start planning for your loved ones’ futures, and will give you peace of mind knowing that your estate will be shared in accordance with your wishes.
When should I start planning my will?
Right now. The best time to prepare a will is when you don’t need one - that is, when you are in good health and not experiencing a health crisis. It is never too early to create your will.
For many of us, ourselves included, talking about, let alone planning for, some of the more difficult stuff in life - what happens after we die - is very hard. Maybe we feel that we have lots of time to figure that out, or perhaps there is a bit of denial that we will ever need to deal with a situation like that. Maybe it’s just not something we want to think about.
Do yourself and your family a favour: don’t wait. It might not be very fun, but you and your family will be thankful that you took the time to prepare.
How do I create my will?
The most common way to create a valid will is to speak with a lawyer who specializes in wills or estates.
Downtown Notary is partnering with Willful to make it easy for you to create and sign your legal will and powers of attorney. With Willful, you can create your last will and testament in 20 minutes or less, with plans starting at only $99. Use the discount code DTN20 to save $20 off any Willful plan.
Downtown Notary can then help you with the signing process, including arranging for witnesses and completing affidavits of execution.
How do I sign my will?
Once your will is created, you will need to sign it. In Ontario, there are specific legal requirements for the signing of wills. If a will is not signed properly, it may be considered invalid.
In Ontario, a will must be signed by the testator (the person creating the will) in the presence of two witnesses. The witnesses must sign the will in the presence of the testator and each other.
Who can witness a will in Ontario?
Witnesses to wills cannot be a beneficiary, the spouse of a beneficiary, or a person under 18.
Do wills need to be notarized?
Generally, wills do not need to be notarized.
However, one of the witnesses should complete an affidavit of execution. An affidavit of execution is a legal document signed by a witness to a will that confirms the will was properly signed. The affidavit of execution must be completed in the presence of a notary or commissioner for taking oaths. The notary or commissioner should also stamp the will as an exhibit to the affidavit of execution. The affidavit of execution is required if an executor needs to apply to the courts to validate a will (a process called “probate”).
Can wills be signed online or in -person?
Wills can be witnessed in person or remotely.
If a will is witnessed in person, the testator and the witnesses sign the same copy of the will while in each other’s physical presence.
If a will is witnessed remotely, the testator and witnesses meet by audio-visual communication technology (like Zoom or Webex). They sign separate, identical copies of the will during the videoconference - this is known as “signing in counterpart”. You can find out more information about the remote witnessing of wills in counterpart by reading Remote Witnessing of Wills and Powers of Attorney.
There are different requirements for wills that are handwritten by the person making them. This type of will is called a “holograph will” and is not discussed in this blog post.
Can Downtown Notary help me with my will?
Downtown Notary can definitely assist you with executing your will.
We provide easy in-person signing services for wills. We will meet with you and your witnesses to assist you with the signing process and complete the affidavit of execution. If you’re not able to arrange for two witnesses, we can do that for you. You can book your in-person appointment using our online scheduler.
We also provide remote witnessing of wills through Notarize.ca. We take care of every step of the remote witnessing process, including providing the witnesses, completing the affidavits of execution and collating all copies of your will. For more information on the remote witnessing process, including pricing, visit Remote Witnessing of Wills and Powers of Attorney. You can request your online will appointment by completing our online request form.
If you have questions about booking an appointment, or would like more information about signing your will, contact us today at info@downtown-notary.ca. We’re here to help.
Note: Downtown Notary does not draft wills. If you need assistance with writing a will, we strongly suggest that you speak with a lawyer who specializes in wills and estates.
For More Information:
Ministry of the Attorney General - Wills, Estates and Trusts
Succession Law Reform Act, RSO 1990: The law that sets out the legal requirements for wills and estates in Ontario
Bill 245, Accelerating Access to Justice Act, 2021: The bill that amended the Substitute Decisions Act, 1992 and the Succession Law Reform Act, RSO 1990, to permanently allow the remote witnessing of wills and powers of attorney
Willful.co: Canada’s favourite do-it-yourself online will platform breaks down the estate planning process into simple steps, so you can create your last will and testament and power of attorney documents in 20 minutes or less. Use discount code DTN20 to save $20 off any plan.
Disclaimer:
This blog post is for information only. It is not, and is not intended to be, legal advice. It is not a substitute for speaking with a lawyer about your legal rights and obligations. If you have questions about wills or powers of attorney, we strongly recommend that you speak to a lawyer who specializes in wills and estates.