What a will does (and what it doesn't)
A will is a legal document that records your instructions for what should happen to your property after you die. More specifically, it:
A will can
- ✓Specify who receives your assets
- ✓Appoint an executor (estate trustee)
- ✓Name a guardian for minor children
- ✓Create testamentary trusts
- ✓Include funeral and burial instructions
- ✓Specify gifts of specific property or money
A will cannot
- –Override beneficiary designations on RRSPs, TFSAs, or life insurance
- –Override joint ownership (survives outside the estate)
- –Include binding funeral arrangements (often read after burial)
- –Remove support obligations to dependants
- –Deal with property held jointly with right of survivorship
Ontario will requirements under the SLRA
Ontario wills are governed by the Succession Law Reform Act, R.S.O. 1990, c. S.26. The formal requirements for a valid will are:
In writing
The will must be written — either typed/printed or handwritten. An oral will is not valid in Ontario (with narrow military exceptions).
Signed by the testator
The person making the will (the testator) must sign at the end of the will. Someone else can sign at the testator's direction if the testator is physically unable — but only in their presence.
Two adult witnesses
Two witnesses must be present at the same time when the testator signs. Both must then sign the will in the testator's presence. Witnesses must be 18 or older.
Witnesses cannot be beneficiaries
A witness who is also a beneficiary under the will (or the spouse of a beneficiary) may forfeit their gift. This is a common DIY will mistake — having a spouse witness the will.
Testator must have capacity
The testator must be of sound mind — understanding the nature and extent of their property, who their natural heirs are, and the effect of the will.
Types of wills in Ontario
Formal (attested) will
A typed or printed will signed in front of two witnesses. The standard format for lawyer-drafted wills. Provides the clearest evidence of the testator's intentions and is the least likely to be challenged.
Best for: Most Ontarians — especially those with real property, significant assets, or complex family situations
Holograph will
A will that is entirely written in the testator's own handwriting and signed. No witnesses required. Valid in Ontario under SLRA s. 6. Useful for urgent situations, but easy to challenge if the handwriting is questioned.
Best for: Simple estates, urgent situations, or as a temporary measure before a formal will is prepared
Notarial will
A will prepared and signed before a notary — common in Quebec. Not available in Ontario. If you have property in Quebec as well as Ontario, you may need wills in both provinces.
Best for: Not applicable in Ontario — Quebec-based property only
What happens if you die without a will in Ontario
Dying intestate (without a will) in Ontario means the SLRA's intestacy rules apply. The distribution formula as of 2021:
Spouse only, no children
Entire estate to spouse
Spouse and children
Spouse receives first $350,000 (preferential share), remainder split based on number of children and spouse
Children only, no spouse
Split equally among children (or their children if a child predeceased)
No spouse or children
To parents; if none, to siblings; if none, to next of kin; if none, to the Crown
Common problems with intestacy: Common-law partners (regardless of how long together) do not inherit under Ontario intestacy rules — only legal spouses do. A blended family without a will often results in outcomes the deceased would never have wanted. Unmarried partners must sue the estate under dependant's relief provisions.
What an Ontario estate lawyer does when drafting your will
A DIY will kit can produce a valid document. A lawyer-drafted will does substantially more:
Reviews the full estate picture
RRSP/TFSA beneficiary designations, life insurance, jointly-held property, real estate, corporate interests. A will only covers estate property — the lawyer identifies what falls outside the estate.
Recommends the right executor
Advises on executor duties, liability, and whether a trust company should be named instead of or alongside a family member.
Drafts testamentary trusts if needed
For minor children, beneficiaries with disabilities, or tax-efficient distribution, trusts inside the will provide structure that a basic will cannot.
Plans for dependant support obligations
Ontario dependant relief provisions allow a spouse, partner, or child to make a court claim if inadequately provided for. A lawyer plans around this.
Handles the signing ceremony
Ensures capacity is demonstrated, witnesses are appropriate, and the signing meets every formal requirement. This reduces the risk of a successful challenge.
Coordinates powers of attorney
A will only operates at death. Most Ontario estate lawyers also prepare a Continuing Power of Attorney for Property and a Power of Attorney for Personal Care at the same time.
How much does a will cost in Ontario in 2026?
| Option | Typical Cost | Best For |
|---|---|---|
| Online will service (Willful, Epilogue) | $90–$200 | Simple estates, no real property in multiple provinces |
| Lawyer — simple will (single) | $400–$700 | Basic estates, clear family situation |
| Lawyer — mirror wills (couple) | $700–$1,200 | Couples with straightforward wishes |
| Lawyer — will + 2 POAs (single) | $700–$1,100 | Full estate planning package |
| Lawyer — will + 2 POAs (couple) | $1,100–$1,800 | Recommended starting point for most families |
| Complex estate (trusts, business) | $2,000–$5,000+ | Business owners, blended families, large estates |
Prices vary by city and lawyer experience. All fees are subject to HST (13%) in Ontario.
For Ontario estate lawyers: what Atticus does for wills and estates practice
Atticus includes specific tools for wills and estate lawyers:
- Will matter template with pre-populated action item checklist (review beneficiary designations, confirm executor capacity, sign ceremony logistics, etc.)
- AI Draft tool generates SLRA-compliant will drafts and Powers of Attorney grounded in your matter notes
- Document processing extracts named beneficiaries, assets, and executor names from client-provided documents
- Daily briefing flags any overdue action items across all active estate files
- Atticus AI can draft engagement letters, draft client update emails, and summarize completed wills for your records
Are you an Ontario wills and estate lawyer?
Atticus handles your practice admin — document processing, deadline tracking, trust accounting, and AI-drafted wills and powers of attorney. Try free for 14 days.