Written by Ron Cooke, President & Founder of Strategic Wealth Protection Partners in Ontario, CEA®, Member of the Estate Planning Council Canada
Can you write your own will in Ontario without a lawyer?
Yes, in Ontario, you can legally write your own will without a lawyer.
A will must be in writing, signed by you, and witnessed by two people who are not beneficiaries or spouses of beneficiaries. While a DIY will is valid if it meets legal requirements, mistakes can lead to costly disputes or make your will invalid.
If your estate is complex or you have specific wishes, consulting an estate planner or lawyer can help ensure your will is legally sound and protects your loved ones.
Do Ontario wills need to be notarized?
No, wills in Ontario do not need to be notarized to be legally valid.
However, they must be signed in the presence of two witnesses who also sign the document. If you want to avoid delays or challenges during probate, you may consider preparing a self-proving will, which includes an affidavit of execution signed by a witness and notarized. (+)
This can make it easier for your executor to administer your estate without needing witness testimony.
Are free or online will kits legal in Ontario?
Yes, free or online will kits can be legally valid in Ontario if they meet the formal requirements of a will: they must be in writing, signed, and properly witnessed.
However, online will kits often use generic templates that may not fully reflect Ontario laws or your unique situation. They are best suited for simple estates, but for anything more complex—like blended families, businesses, or specific legacy wishes—seeking professional guidance is strongly recommended to avoid legal pitfalls.
Are handwritten wills legal in Ontario?
Yes, handwritten wills, known as holographic wills, are legal in Ontario and do not require witnesses.
To be valid, the will must be entirely in your own handwriting and signed. While this might seem convenient, handwritten wills can be easily challenged, misinterpreted, or even lost. If you choose this route, be sure your wording is clear and that your wishes are unmistakable.
A professionally drafted will is always a safer option to ensure your estate is handled as you intend.
What is the best way to get started writing a will?
The best way to start writing your will is to first take inventory of your assets, debts, and beneficiaries.
Decide who will act as your executor—the person responsible for carrying out your wishes. Consider how you want to distribute your estate and whether you need to name guardians for minor children.
Once you have a clear plan, you can either draft your own will using a trusted template or work with a professional to ensure everything is structured correctly and legally.
What should I do before I write my will?
Before writing your will, take time to organize your financial and personal affairs.
Make a list of your assets, including real estate, bank accounts, investments, and personal belongings. Consider your family dynamics and any specific wishes you have for your estate. It’s also important to think about naming an executor, powers of attorney, and guardians if you have children.
Consulting with an estate planner can help you make informed decisions and avoid unintended consequences. A well-prepared will brings peace of mind, knowing that your loved ones are protected.
The Will Should Be the Last Thing You Write
One of the biggest misconceptions I see is people focusing on writing the will before they’ve figured out what they want the will to accomplish.
The will should be the last thing you write.
Before anyone starts drafting a will, they should understand what assets they own, how those assets will be transferred, and what they want to happen to each one.
That’s important because a will only controls the assets that pass through your estate.
Some assets may transfer directly to beneficiaries. Others may pass through trusts. Some may have tax consequences that need to be addressed. Others may not.
If you don’t understand what happens to each asset, you may end up creating unintended problems for your family.
I’ve seen situations where parents believe they’ve divided their estate equally, only to discover that one child ends up carrying a much larger tax burden than another because of how the assets were structured.
Example: When Fair Isn’t Really Fair At All
Imagine an estate consists of a $1 million house, a $1 million rental property, and $1 million in cash. The parents leave one asset to each of their three children and assume they’ve treated everyone equally.
However, when the parents pass away, the rental property triggers a significant capital gains tax liability.
The estate now needs cash to pay the tax bill.
In many cases, the executor will use the estate’s cash to pay those taxes before distributing the inheritance. As a result, the child who was supposed to inherit $1 million in cash may receive substantially less, while the children receiving the real estate still receive their properties.
On paper, the estate was divided equally. In reality, one beneficiary may end up receiving far less value than the others.
To avoid errors, do the planning first and write the will second.
A Lawyer Can Draft Your Will, But They Can’t Do the Planning for You
Many people assume that once they hire a lawyer, the estate planning process is taken care of and complete.
In my experience, that’s not how it works.
A lawyer’s job is to draft the legal documents. They put your instructions into the will and make sure it meets Ontario’s legal requirements.
What they don’t do is decide what should happen to your assets.
Before your will is written, someone needs to help you determine how your estate will be structured, how taxes will be paid, which assets should pass through the estate, and which assets should pass outside of it.
For example, if you own multiple properties, investment accounts, or a family business, simply dividing everything equally is unlikely to produce an equal outcome after taxes are considered.
That’s why the planning should happen before the drafting.
Once you’ve decided what should happen to every asset and how the estate will function, the lawyer can draft a will that reflects those decisions.
A well-written will is important. But the quality of the planning behind the will is even more important.
A Will Isn’t Enough to Protect Your Family’s Inheritance
Writing a will is a crucial step, but it’s just the beginning.
A will only states who gets what, but it doesn’t help you minimize estate taxes, avoid probate fees, or prevent legal delays.
In Ontario, probate fees (Estate Administration Tax) and capital gains taxes on properties can take a significant portion of your estate. If you own multiple properties, the financial burden could be even greater, forcing your loved ones to sell assets just to cover unexpected costs.
Without proper estate planning, your family could receive far less than you intended. The good news? There are strategies to protect your wealth—but they must be set up before it’s too late.
Keep Your Wealth in the Family with Proper Planning
A well-structured estate plan does more than just pass on your assets—it ensures your wealth stays in the family.
By using tools like trusts, life insurance, and gifting strategies, you can:
✅ Reduce or eliminate probate fees
✅ Minimize capital gains taxes on real estate
✅ Prevent legal disputes and family conflicts
Without these safeguards, your loved ones may face delays, unnecessary legal battles, and financial strain. A strong estate plan gives you peace of mind, knowing that your family will be cared for and your legacy will be protected exactly as you intended.
Schedule a Living Estate Plan Consultation
Planning your legacy is about more than numbers—it’s about ensuring your family remembers you and your values are honoured for many years to come.
Estate planning and trusts can feel overwhelming, especially if it’s your first time. That’s why we’re here.
With our simple, 5-Step Living Estate Plan, we make the process easy, helping you create a comprehensive estate plan or trust that protects your assets from taxes and probate fees while preserving your legacy. Tools like The Final Word Journal capture your story, wishes, and essential details like accounts and end-of-life plans, ensuring your family has clarity and comfort.
Take the first step today—schedule a consultation call and give your family the ultimate gift: peace of mind and the assurance they were always your priority.
Read More
If you’re writing a will, you may find these articles helpful:
- How Much Does a Will Cost in Ontario?
- Is a Living Trust Better than a Will in Canada?
- Living Trust vs a Will in Canada
- How to Avoid Inheritance Tax in Canada
About the Author
RON COOKE, PRESIDENT & FOUNDER OF STRATEGIC WEALTH PROTECTION PARTNERS
With over 30 years in financial services, I’ve seen the challenges families face when a loved one passes—lost assets, unnecessary taxes, and emotional stress. That’s why I created the Living Estate Plan, a comprehensive process to protect assets, eliminate estate and probate fees, and create legacies that are remembered for many years to come.
This plan ensures your family receives not just your wealth, but a meaningful reminder of your care and love. Tools like The Final Word Journal capture your story, wishes, and essential details, offering clarity and comfort during difficult times.
Your final gift should be more than money—it should be peace of mind, cherished memories, and an organized estate.
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