Do you need a legal Will in Ontario?
Asked by: Patricia White IV | Last update: October 17, 2025Score: 4.2/5 (25 votes)
If you die without a will in Ontario, the estate is distributed according to the rules of intestacy. Your estate will pass to your surviving spouse, children, parents, or other next of kin in a specific order set out by the law. This is regardless of whether or not you wanted them to inherit your estate.
What happens if I don't have a will in Ontario?
If you die without a will, your estate will be distributed in accordance with Ontario's Succession Law Reform Act and someone would need to apply to the court to ask for authority to administer your estate. Your will only takes effect after you die.
What are the requirements for a will to be valid in Ontario?
The will is proven to be “fake” The will was created without meeting the requirements of Ontario: the testator must be of legal age, there must be 2 witnesses, the testator must have a physical copy of the will and sign in wet ink, the witnesses must sign the will with the testator on the last page.
What is the new law regarding wills in Ontario?
Bill 245 will allow courts to deem a will that is 'technically invalid' as legal as of January 1, 2022. For example, if a will was only signed by one witness, the courts wouldn't necessarily toss out the will. The new rules would allow the courts to find 'testamentary intention' and declare the will valid.
What happens to a bank account when someone dies without a will in Ontario?
When a person dies without a will, the provincial government gets to decide who gets the money in your bank account. Provincial governments will often prioritize immediate family members or blood relatives of the deceased person, which can leave common-law partners with nothing.
How To Create A Will In Ontario (2025)
Why should you not tell the bank when someone dies?
Not only is this unnecessary (and depending on the circumstances, you may not even be legally authorized to do so) but doing so may cause an adverse tax consequence and can cause significant problems with the proper administration of the estate. It may, however, be prudent to notify the bank of the Decedent's death.
How much does a will cost in Ontario?
How much do estate lawyers charge for a will? According to the most recent Canadian Lawyer legal fees survey, the average cost for a simple will made by a lawyer in Ontario is $503. If you have a complex estate or would like to make custom clauses in your will, a lawyer may charge you around $1,000.
How to avoid probate in Ontario?
- Tip 1: Name the key beneficiaries on all your life insurance policies. ...
- Tip 2: Hold assets in cash only or bearer certificates. ...
- Tip 3: Designated beneficiary Assets Accounts. ...
- Tip 4: Joint Ownership and Utilizing the First Dealings Exemption. ...
- Tip 5: Gifts. ...
- Tip 6: Create a Trust Fund.
Does a will in Canada need to be notarized?
You do not need to have your last will and testament notarized for it to be legal. It is a common misconception that you need a lawyer or a notary to make a legally-valid will in Canada. However, this is not true. As long as you meet the requirements, your documents will be legally-binding.
Do all wills in Ontario go to probate?
Probate is not always required in order to administer an estate. The type of assets in the estate usually determine whether an estate should be probated. If the deceased owned real property or assets held by a financial institution, the estate normally must be probated.
What voids a will in Ontario?
The failure to sign a Will correctly may invalidate the document completely. Even if you have completed the document properly, by choosing the wrong witnesses or by not having them both witness your signature at the time you sign the document your Will may be void.
Is a 30 year old will still valid?
If a will is properly executed and created, it does not have an expiration date. The will remains in effect unless you revoke it or something supersedes it, such as a new will.
Can you make a will without a lawyer in Ontario?
Making sure your Will is legal is pretty simple and doesn't require the help of a lawyer or notary. In most provinces, all you have to do is: Print your Will (you need a physical, paper copy) Date and sign the Will in the presence of two witnesses (some people, like your spouse, are disqualified from witnessing)
What happens to a bank account when someone dies without a beneficiary?
If someone dies without a will, the bank account will typically go through probate, where state laws of intestacy will determine how the funds are distributed.
Is it illegal to withdraw money from a dead person's account in Canada?
When a person dies in Canada, their bank accounts are typically frozen by the financial institution. This means: No withdrawals or transfers: No one, not even family members or joint account holders, can withdraw or transfer funds from the deceased's account.
Can you sue for not being in a will?
For example, a child who is disinherited can sue because if you had no Trust or Will, that child would have received a portion of your estate. But a second cousin, twice removed, cannot sue unless that person would have received something without the newly created Trust or Will.
Can I write my own will in Canada?
In Canada, you can write a will yourself, with a lawyer, using a will kit or with an online will service. The options are endless and it can seem... daunting.
Does a will have to be printed on legal paper?
Traditionally, wills were created using legal-sized paper, but you can craft a will using standard-sized paper too.
What makes a will invalid in Canada?
According to Canadian law, a person must be of sound mind when making a will. They must be aware of their assets, the potential beneficiaries, and the implications of their decisions. If a person is found to lack testamentary capacity, their will may be considered invalid.
Will banks release money without probate in Canada?
Generally, financial institutions require wills to be probated before releasing assets to the executor. Probate protects you and the executor.
How to avoid inheritance tax in Ontario?
Settings. There are no true inheritance taxes in Ontario. In other words, there are no taxes that a person who inherits from an estate must pay. Beneficiaries do not pay tax on the money they inherit from an estate.
What assets are not considered part of an estate in Canada?
There may also be life insurance policies, RRSPs, or pension plans that the deceased person directed to go to specific beneficiaries. These do not become part of the estate.
Is a hand-written will legal in Ontario?
Holographic wills are legal wills, handwritten and signed by you, without witnesses. Holographic wills are legal in Ontario. These wills often lack clarity or validation, which increases their risk of being contested.
How to make a will for free?
Free Resource for Creating a Will
FreeWill is a secure, online tool that will take you through the will preparation process step by step. If you have a simple estate, you can print your legal will to be signed and witnessed.
Why have two wills in Ontario?
Such individuals are often advised to enter into multiple wills (or dual wills) as an effective tool to minimize the amount of Probate Fees and Estate Administration Tax payable. The primary will would typically apply to all assets that require probate.