Create or Update Your Will Without a Lawyer in Ontario (Including Online Wills)

You don’t need a lawyer to create a will in Ontario. However, if you decide to go this route, it’s crucial to understand the legal requirements, what should be included in a will, and the risks of not seeking professional legal advice.

What it Takes to Make a Valid Will

The requirements vary across Canada, but in Ontario they are set out in the Succession Law Reform Act, RSO 1990, c S26. Here are the basics:

• In Writing: A will must be in writing to be valid. Audio or video wills are not accepted.
• Signatures and Witnesses: The will must be signed at the end by the will-maker and by two witnesses who are present at the same time. (Exceptions apply to holographic wills, explained below.) Witnesses cannot be beneficiaries under the will, the spouse of a beneficiary, or anyone who would be a beneficiary of either of them.
• Witness Presence: Both witnesses must sign in the presence of the will-maker.
• Minimum Age: The will-maker must be over 18, unless they are:
  • (a) married or about to be married (the will becomes valid upon marriage),
  • (b) a member of the Canadian Forces (regular force or on active service), or
  • (c) a sailor at sea.

Potential Avenues to Making a Will Without a Lawyer

• Will Kits: Many companies offer “fill-in-the-blank” forms you can purchase online or in stores. These provide a template but limited guidance. These are often heavily disputed in courts.
• Will-Writing Websites: Some websites offer interactive programs that guide you through drafting a will online, providing more support than a basic form.
• DIY Typed Will: You can type or write your own will from scratch, as long as it is signed and witnessed properly.
• Holographic Will: A holographic will is handwritten and signed by the will-maker without witnesses. This type of will is intended for emergencies and is considered valid in Ontario, though it’s more easily contested in court.

In all cases, drafting a will on your own comes with significant risks. The complexity of estate planning means that even small mistakes can lead to your will being found insufficient, inaccurate, or invalid.

Basic Information That Goes Into a Will

A will does more than just distribute your belongings. Here are some other elements to consider:

• Executor: Designate someone to administer your estate according to your wishes, and consider naming a backup in case your first choice is unable or unwilling to serve.
• Guardian for Minor Children: If you have minor children, you should indicate who you want to serve as their guardian. While this guardianship will need to be formally approved by the courts, parental designations are respected when they are in the best interest of the children. Additionally, appoint someone to manage their inheritance until they reach adulthood.
• Pet Care: If you have pets, consider naming someone to care for them after you pass.
• Beneficiaries: Clearly indicate who will inherit your assets, whether specific items or a portion of your estate.

Along with your wishes for handling matters after your passing, include basic identifying information, such as your legal name, address, and a clear statement that this is your last will and testament. Be sure to revoke any previous wills. Although no specific format is required, make sure the document is signed and dated at the bottom, with each page initialed for clarity.

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Why Creating a Will Without a Lawyer Puts You and Your Loved Ones at Risk

Most people rely on lawyers to prepare their wills for a reason… there’s a lot that can go wrong. Mistakes in wording, omitted details, or incorrect formalities can lead to your will being contested or invalidated altogether. While the requirements listed above provide a general framework, lawyers are trained to ensure that your will reflects your true wishes and takes potential scenarios into account.

Holographic wills, for instance, are best used only in emergencies. Without witnesses, it’s easier to dispute their legitimacy, which can result in prolonged and costly court battles. A contested will can mean higher legal fees for your estate and may prevent your assets from being distributed as you intended.

Furthermore, ensuring that you’ve addressed all debts and potential support obligations is essential for your inheritance gifts to be realized. Combined with a likely lack of strategies to minimize taxes, creating a will without a lawyer can be a risky gamble.

Why You Shouldn’t be Afraid to Make a Will With a Lawyer

While there are many reasons someone might hesitate to use a lawyer, the peace of mind and security a professionally drafted will provides are invaluable. A lawyer can guide you through complex family or financial situations, ensure you’ve considered all important factors, and reduce the risk of future legal issues. Investing in professional assistance now can help protect your loved ones from complications down the road and give you confidence that your final wishes will be honored exactly as you intend.

Estate planning can be cost effective and accessible (even remotely!). Book a free consultation with our estate planning lawyers to see if Angrove Law can assist with preparing your will.

How to Update or Change Your Will Without a Lawyer

Life changes, and your will should change with it. Marriage, divorce, the birth of a child, the death of an executor or beneficiary, a major asset purchase, or a falling-out with a named beneficiary are all reasons to revisit your will. Section 19 of the Ontario Succession Law Reform Act sets out exactly how a will can be amended, and if you do not follow those rules the changes are simply not legal.

You have three options for updating a will in Ontario:

1. Annotate the Existing Will (Not Recommended)

Crossing out a name, writing a new beneficiary in the margin, or stapling a sticky note to your will is risky. For an annotation to count as a valid amendment, the change must be initialed by the testator and the same two witnesses who signed the original will, in each other’s presence. Most amateur edits fail this test, which means the original wording stays in force and the change is ignored. Worse, an obvious crossing out can trigger a will challenge after death.

2. Add a Codicil

A codicil is a separate document that amends a specific clause of an existing will. It must be signed and witnessed with the same formalities as a will: in writing, signed at the end by the testator, and witnessed by two adults who are not beneficiaries (or married to a beneficiary). Codicils are useful for small changes such as updating an executor or changing a single bequest. They become messy when used to make multiple amendments over time, since you end up with a will plus several codicils that must all be read together.

3. Write a New Will (Usually the Cleanest Option)

The clearest way to update a will is to write a new one and explicitly revoke the old one. Standard language reads something like “I revoke all prior wills and codicils made by me.” The new will should be signed and witnessed under the same formalities required for any will in Ontario. Once it is executed, the old will has no legal effect.

One caution: marriage automatically revokes a will in Ontario unless the will was clearly made in contemplation of that marriage. Divorce, since 2022, generally treats former spouses as if they predeceased the testator (any gift to the ex-spouse fails). Major life events almost always justify a new will rather than a patch.

Are Online Wills Legal in Ontario?

Yes, online wills are legal in Ontario, provided they meet the same formal requirements as any other will under the Succession Law Reform Act. The will must be in writing, signed by the testator at the end, and witnessed by two adults who are present together (or, since 2021, virtually present under specific conditions). The platform you use to draft the will does not affect its validity. The signing and witnessing do.

Remote Signing Under Bill 245

Bill 245, passed during the COVID-19 pandemic and made permanent in 2021, allows wills to be signed remotely if certain conditions are met. The testator and both witnesses must be connected by audio-visual technology in real time (a video call), and at least one of the witnesses must be a licensed Ontario lawyer or paralegal. The will is signed in counterparts, with each person signing an identical copy that is then assembled into the final document.

Two technical requirements often trip people up:

• The video call must allow all participants to see and hear each other simultaneously. A phone call is not sufficient.
• Each counterpart must be identical. If the witness signs a different version (different page numbering, missing initials), the will may be invalid.

Will Kits vs. Online Will Platforms vs. Remote Lawyers

The market has three main DIY options:

• Will kits (the cheapest option): blank fill-in templates sold at office supply stores. The lowest cost but the highest risk of formatting errors and missed clauses.
• Online will platforms (Willful, Epilogue, Willfora, others): walk you through a guided questionnaire, generate a will tailored to your answers, and provide signing instructions. Better than a will kit because the platform handles formatting and clause logic, but you still have to arrange your own witnessing.
• Remote lawyers: a licensed Ontario lawyer drafts your will after a video consultation and runs the signing remotely under Bill 245. Higher cost than the platforms, but you get legal advice tailored to your situation, plus tax planning and contingency drafting that the platforms cannot offer.

Online platforms are a reasonable middle path for straightforward estates with simple family structures. If you have a blended family, business interests, complex assets, or expect challenges, a remote lawyer is a worthwhile investment.