How many witnesses does an Ontario will need?

A formal (typed) will needs two witnesses who are not beneficiaries or their spouses. Holograph wills, written entirely by hand, need no witnesses in Ontario.

Does Ontario charge probate fees?

Yes — an Estate Administration Tax based on the estate's value, with the first small portion exempt. Larger estates pay proportionally more.

What is the difference between an executor and an estate trustee?

They mean essentially the same thing. Ontario's formal term is 'estate trustee,' but 'executor' is commonly used for the person named in a will.

Can my spouse override my Ontario will?

A surviving married spouse can elect to take an equalization of net family property instead of the will's gift, which can change how the estate is divided. Legal advice is recommended in blended families.

Making a Will in Ontario: What You Need to Know

Ontario has its own rules for making a valid will, administering estates, and handling probate. Whether you use a lawyer or an online service, knowing the provincial requirements helps you get it right. This is general information, not legal advice — consult a lawyer in your jurisdiction.

What makes a will valid in Ontario?

In Ontario you must be at least 18 (with limited exceptions) and have mental capacity. A formal will must be in writing, signed by you at the end, and witnessed by two people who sign in your presence.

Ontario also recognizes holograph wills — written entirely in your own handwriting and signed — without witnesses. Witnesses to a formal will should not be beneficiaries or their spouses.

What is an estate trustee?

In Ontario the person who administers an estate is called an estate trustee rather than an executor (though the terms are often used interchangeably). An estate trustee named in a will is an 'estate trustee with a will.'

If there is no will, a court appoints an 'estate trustee without a will,' similar to an administrator in other provinces.

How does probate work in Ontario?

Probate in Ontario is obtained through a Certificate of Appointment of Estate Trustee. It confirms the estate trustee's authority and is often required by banks and the land registry.

Ontario charges an Estate Administration Tax based on the value of the estate, with a small estate's first portion exempt. Larger estates pay more, which is why some people plan to reduce the probated value.

How does family law affect Ontario wills?

Ontario's family law gives a surviving married spouse the right to choose between what the will leaves them and an equalization of net family property, which can override the will's distribution.

Dependants — including a spouse, children, or others the deceased was supporting — may also make a claim for support against the estate if they are not adequately provided for.

Can you make an Ontario will online?

Yes. A will made with a quality online service is valid in Ontario provided it is printed, signed, and witnessed correctly. Ontario also recognizes certain virtual witnessing procedures.

iFinallyWill produces Ontario-specific wills and powers of attorney in about 20 minutes, with lifetime updates and a 60-day guarantee. For complex estates, consider legal advice as well.

Frequently asked questions

How many witnesses does an Ontario will need?: A formal (typed) will needs two witnesses who are not beneficiaries or their spouses. Holograph wills, written entirely by hand, need no witnesses in Ontario.
Does Ontario charge probate fees?: Yes — an Estate Administration Tax based on the estate's value, with the first small portion exempt. Larger estates pay proportionally more.
What is the difference between an executor and an estate trustee?: They mean essentially the same thing. Ontario's formal term is 'estate trustee,' but 'executor' is commonly used for the person named in a will.
Can my spouse override my Ontario will?: A surviving married spouse can elect to take an equalization of net family property instead of the will's gift, which can change how the estate is divided. Legal advice is recommended in blended families.