How to Make a Will in Ontario: A Step-by-Step Guide

“How to make a will” is one of the most searched estate planning phrases in the world — and for good reason. Most people know they should have one, but very few know where to actually start. If that’s you, this guide breaks the process down into clear, manageable steps, with the specific legal requirements that apply here in Ontario.

Before you begin: while it’s entirely possible to put together a basic will on your own, a will is also one of the few documents you only get to “test” after you’re gone — mistakes are rarely caught in time. Use this guide to understand the full process, then decide whether a DIY approach or a lawyer’s review is the right fit for your situation.

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Step 1: Decide How You’ll Create Your Will

There are three common paths in Ontario:

Hire a wills and estates lawyer. The best option for anyone with children, a business, blended family dynamics, or assets above a modest value. A lawyer drafts the document, advises on tax and probate planning, and ensures proper execution.
Use an online will-writing platform or will kit. A reasonable option for very simple, low-value estates with no dependants or complications — as long as you follow Ontario’s signing and witnessing rules exactly.
Write a holograph (handwritten) will. Legally valid in Ontario without witnesses, provided it’s entirely in your own handwriting and signed by you. It’s also the option most likely to be challenged in court, due to vague wording or missing provisions.

Whichever path you choose, the legal requirements below still apply.

Step 2: List Your Assets and Debts

Before you can decide who gets what, take stock of what you actually own and owe:

Real estate (principal residence, cottage, investment property)
Bank accounts and investments
Vehicles
Business interests
Life insurance policies and pensions
Personal property of value (jewellery, art, collections)
Debts, mortgages, and loans

Note that some assets — like RRSPs, RRIFs, TFSAs, and life insurance with a named beneficiary, and property held in joint tenancy — pass directly to that person or joint owner and generally don’t flow through your will at all. Knowing which assets bypass your will helps you avoid duplicating or contradicting those instructions.

Step 3: Choose Your Executor (Estate Trustee)

In Ontario, the person who carries out your will is called your estate trustee (commonly still referred to as an “executor”). This person will:

Locate and file your will for probate, if required
Pay off debts and taxes from the estate
Distribute assets to your beneficiaries
Handle disputes or creditor claims, if any arise

Choose someone organized, trustworthy, and willing to take on the responsibility — this doesn’t have to be your oldest child or closest relative. Always name at least one alternate estate trustee in case your first choice is unable or unwilling to act when the time comes.

Step 4: Name Guardians for Minor Children

If you have children under 18, your will should name a legal guardian to care for them if both parents pass away. Without this, the choice may be left to a court, which may not reflect what you would have wanted. Many parents also set up a trust within their will to manage their children’s inheritance until they reach an age the parents choose — rather than handing over a lump sum at 18.

Step 5: Decide Who Gets What

This is the heart of your will. Be specific:

Specific bequests — particular items or amounts left to particular people (“$5,000 to my niece,” “my late father’s watch to my son”)
Residue clause — how everything else (the “residue” of your estate) is divided, usually by percentage among your main beneficiaries
Alternate beneficiaries — who inherits a gift if the original beneficiary predeceases you

A common and serious DIY mistake is forgetting the residue clause altogether, or forgetting to name a backup beneficiary — both of which can send part of your estate into intestacy rules even though you did have a will.

Step 6: Draft the Will Clearly

Whether typed or handwritten, your will should be written in plain, unambiguous language. Avoid vague terms like “my belongings should be shared fairly” — courts have had to interpret exactly that kind of wording, at real cost and delay to the family. A well-drafted will typically includes:

Revocation of any prior wills
Appointment of your estate trustee(s) and alternate(s)
Guardianship provisions (if applicable)
Specific bequests
The residue clause
Any trust provisions for minors or dependants
Instructions on payment of debts, taxes, and funeral expenses

Step 7: Sign and Witness Your Will Correctly

This is the step where DIY wills most often go legally wrong. To be valid in Ontario, a typed will must be:

Signed by you at the end of the document (or by someone else, in your presence and at your direction)
Signed in the presence of two witnesses, both present at the same time
Signed by both witnesses, in your presence

A few important rules:

A beneficiary should never act as a witness. If a beneficiary (or their spouse) witnesses the will, the gift to them can be voided, even though the rest of the will remains valid.
Virtual witnessing is permitted. Ontario allows wills to be signed and witnessed by audio-visual technology (such as a video call), provided the will is signed in counterpart copies and at least one witness is a licensed lawyer.
A holograph will skips witnesses entirely — but only if it is completely in your own handwriting and signed by you.

If your will is signed incorrectly, in most cases it simply is not valid — meaning your estate would be distributed as though you had no will at all, under Ontario’s intestacy rules.

Step 8: Store Your Will Safely — and Tell Someone Where It Is

A perfectly drafted will is useless if no one can find it after you pass away. Common storage options include:

With your lawyer’s firm (many offer free will storage for clients)
A safety deposit box (note: some banks restrict access until probate, so check the terms)
A fireproof safe at home, with your estate trustee told exactly where it is

Make sure your estate trustee — and ideally a backup contact — knows where the original signed will is located, since copies alone can complicate the probate process.

Step 9: Understand Probate and Estate Administration Tax

If your estate trustee needs to apply for a Certificate of Appointment of Estate Trustee (Ontario’s version of probate), the estate will owe Estate Administration Tax. As of the current rates, there is no tax on the first $50,000 of estate value, and 1.5% on the value above that — for example, roughly $6,750 on a $500,000 estate. Not every estate requires probate: assets that pass outside your will (joint accounts, named beneficiaries) and, in some cases, business owners using a “multiple wills” strategy can reduce what’s subject to this tax. A lawyer can advise on whether this kind of planning makes sense for your estate.

Step 10: Review and Update Your Will

A will isn’t a one-time task. Revisit it after any of these events:

Marriage (note: as of a 2022 change to Ontario law, getting married no longer automatically revokes an existing will, so an outdated will can otherwise stay in effect indefinitely if you don’t update it)
Separation or divorce (a divorce automatically revokes gifts and appointments to a former spouse, but the rest of the will remains in effect)
The birth or adoption of a child
A significant change in assets, such as buying property or starting a business
The death of a named executor or beneficiary

Don’t Forget: Powers of Attorney

A complete estate plan isn’t just a will. Most Ontario lawyers recommend preparing two powers of attorney alongside it:

Power of Attorney for Property, allowing someone to manage your finances if you become incapable
Power of Attorney for Personal Care, allowing someone to make health and personal care decisions on your behalf

These documents protect you while you’re alive, whereas a will only takes effect after death — together, they form a genuinely complete plan.

Bottom Line

Making a will in Ontario isn’t complicated in principle: decide how you’ll create it, take stock of your assets, choose your executor and beneficiaries, draft clear instructions, and sign it correctly in front of two witnesses. The process itself, though, is exactly where small, invisible mistakes tend to hide — and those mistakes are usually only discovered by a grieving family, after it’s too late to ask you what you meant.

If your situation involves children, blended family dynamics, a business, or any assets that aren’t entirely straightforward, it’s worth having a wills and estate lawyer either draft the document or review it before you sign.

Ready to protect your family with a properly drafted will? Contact IQBAL LAW or www.ourlawservices.com to book a consultation with an experienced Ontario Wills and estate planning lawyer.

DISCLAIMER: This article is intended for general informational purposes only and does not constitute legal advice. Every estate is different, and laws may change. Speak with a licensed Ontario wills and estate lawyer about your specific circumstances.