Can I Write My Own Will in Ontario - And Should I?

Considering writing your own will in Ontario? You're not alone - many Ontarians think about preparing their wills independently, often driven by convenience, cost savings, or the perception that their estate matters are simple. But is writing your own will the best choice? This article will guide you through the essential considerations, benefits, and potential pitfalls of crafting your own will in Ontario. 

Can You Legally Write Your Own Will in Ontario? 

Yes, you can legally write your own will in Ontario. Known as a "holograph will", it must be entirely handwritten by you, signed, and dated to be valid. Unlike other wills, a holograph will does not require witnesses. This type of will is recognized under Ontario's Succession Law Reform Act. 

Requirements for a Valid Holograph Will in Ontario: 

• Entirely handwritten by you (typed or printed documents aren't valid) 

• Clearly identifies you and states your intention to distribute assets after death 

• Clearly dated and signed by you 

Why Do People Consider Writing Their Own Will? 

There are several reasons individuals opt to write their own wills: 

• Cost Savings: Avoiding legal fees associated with hiring a lawyer. 

• Convenience: The perception of a simpler, quicker process. 

• Privacy: Handling personal affairs without third-party involvement. 

While these reasons can be compelling, it's important to weigh them against the significant risks involved. 

Potential Risks and Pitfalls of DIY Wills 

1. Ambiguity and Errors 

Legal terminology and requirements can be complex. Without professional guidance, your will might contain unclear wording, ambiguous instructions, or significant omissions, resulting in confusion or disputes after your passing. 

Example: John from LaSalle drafted his own will, stating simply, "my house goes to my daughter, Emily, and my investments to my son, Michael." However, John later sold his house and moved into a retirement community, investing the proceeds into his financial accounts. When John passed away, the will's unclear instructions caused significant confusion and a dispute between Emily and Michael over who should inherit the additional investment funds. This led to costly litigation and strained family relationships that could have been avoided with clearer, professionally guided estate planning. 

2. Invalid Wills 

For a will to be legally valid in Ontario, it must adhere to the requirements outlined in the Succession Law Reform Act, R.S.O. 1990, c. S.26 ("SLRA"). Specifically, the will must be: 

• Made by a testator who is at least 18 years of age (with limited exceptions); 

• In writing and signed by the testator at its end; 

• Witnessed by two individuals who are present at the same time, both of whom must also sign the will in the testator's presence (section 4 of the SLRA). 

If your will does not fulfill these statutory requirements - for instance, if you fail to have the document properly witnessed or signed - it risks being declared invalid by an Ontario court. An invalid will means your estate will be administered according to Ontario’s intestacy rules, as set out under Part II of the Succession Law Reform Act. Under these intestacy provisions, your assets will be distributed to your next-of-kin based on statutory formulas rather than your intended beneficiaries, potentially excluding close friends, charities, stepchildren, or other important individuals and entities from inheriting any part of your estate. 

Proper professional guidance ensures that your will meets all Ontario legal standards, protecting your intentions and providing peace of mind. 

3. Overlooked Issues and Probate Delays 

Certain issues, such as the guardianship of minor children, blended family dynamics, tax planning, and probate fees, require detailed attention. Without addressing these properly, you could inadvertently cause probate delays and additional expenses for your beneficiaries. 

4. Increased Risk of Estate Litigation 

Homemade wills often leave room for interpretation and legal challenges, increasing the likelihood of disputes, which can be costly, time-consuming, and stressful for your loved ones. 

Why Using a Experienced Estate Lawyer is Beneficial 

Working with an experienced Ontario estate lawyer provides several key benefits: 

• Customized legal advice for your unique family dynamics, assets, and estate goals. 

• Clear and legally precise language that reduces the risk of disputes. 

• Consideration of issues like probate fees, tax strategies, and specific family needs. 

• Confidence that your wishes will be honoured exactly as intended. 

For instance, business owners might consider tailored estate planning strategies, such as primary and secondary wills, to save on probate fees - strategies typically beyond the scope of DIY wills. 

Professional Guidance Can Save You Money and Stress in the Long Run 

When dealing with something as important as your legacy and your family's well-being, professional guidance is invaluable. At Mariotti Law Group, we help you navigate Ontario’s estate planning complexities, ensuring your will clearly and accurately reflects your wishes, protects your loved ones, and minimizes the potential for costly legal disputes. 

Still have questions about creating your will in Ontario? Contact Mariotti Law Group today to book your personalized consultation with our experienced estate lawyers. 

Disclaimer: This article is for informational purposes only and does not constitute legal advice or create a solicitor-client relationship. For personalized advice, please consult Mariotti Law Group directly.