What Makes a Will Valid in Ontario? (Avoid These Common Mistakes)

Creating a valid will is an essential step in protecting your loved ones and ensuring your assets are distributed according to your wishes. While drafting a will might seem straightforward, specific legal requirements must be met to ensure its validity in Ontario. In this post, we'll highlight what makes a will valid in Ontario and point out common pitfalls to avoid. 

What Exactly Makes a Will Valid in Ontario? 

In Ontario, the validity of a will is governed by specific legal requirements under the Succession Law Reform Act. To ensure your will is recognized and enforced by the courts, it must meet the following criteria: 

The Testator Must Be of Legal Age and Mentally Capable 

• You must be at least 18 years old and of sound mind at the time you create your will. 

• Being "of sound mind" means you understand the extent of your property, the nature of the act of creating a will, and who your beneficiaries are. 

The Will Must Be in Writing 

• Ontario does not recognize verbal wills (with very limited exceptions, like military personnel under specific conditions). 

• Your will must clearly specify how your assets will be distributed and identify your beneficiaries. 

Proper Execution and Witnessing 

• The will must be signed by you. 

• Two independent witnesses must be present and watch you sign your will. 

• Both witnesses must sign the will in your presence. Witnesses should not be beneficiaries or their spouses to avoid invalidating gifts in the will. 

Avoid These Common Mistakes When Drafting a Will 

Creating a valid will requires attention to detail. Here are common mistakes to avoid: 

1. Not Having Proper Witnesses 

A frequent error is using an inappropriate witness. To ensure validity: 

• Witnesses cannot be beneficiaries or spouses of beneficiaries named in your will. If they are, any gifts to these beneficiaries might be voided. 

• Always select neutral, independent parties such as friends or professional advisors. 

2. Ambiguity and Unclear Language 

Vague language or unclear instructions in your will can lead to confusion, disputes, or unintended outcomes: 

• Clearly identify your beneficiaries using their full legal names. 

• Be specific about what property each beneficiary is to receive. 

3. Failure to Update After Major Life Events 

Life changes like marriage, divorce, separation, or the birth of a child significantly impact your estate plans: 

• As of January 1, 2022, marriage in Ontario no longer revokes an existing will. However, divorce or separation can revoke certain gifts or appointments unless explicitly stated otherwise in your will. 

• Regularly update your will to reflect your current family situation and wishes accurately. 

4. Improper Storage of Your Will 

Losing your will or storing it improperly can create challenges in proving its validity: 

• Store your original will in a safe, fireproof place. 

• Inform your executor or trusted family members about the location of your will. 

5. Failing to Address Taxes and Debts 

Your will should clearly outline how debts and taxes related to your estate are to be handled: 

• Without clarity, your beneficiaries may unexpectedly bear these financial burdens. 

• Consult a professional estate lawyer to structure your will efficiently, considering potential tax implications. 

Key Takeaways 

• A valid will in Ontario requires proper execution, including two independent witnesses. 

• Update your will regularly, especially after major life events. 

• Use clear, unambiguous language to avoid potential disputes. 

• Store your will safely and communicate its location to trusted individuals. 

• Clearly outline the handling of taxes and debts to prevent unintended financial burdens on beneficiaries. 

Get Professional Help to Ensure Peace of Mind 

Creating a well-prepared, valid will protects your family and ensures your wishes are honoured. If you have any questions or need help drafting or reviewing your will, professional guidance can make a significant difference.  

Still have questions about creating a valid 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.