Is My Will Still Valid?

For a will to be valid in Ontario, it must meet certain formal requirements. Ontario is one of the Canadian jurisdictions that does not recognize electronic wills.[1] If your will is typed and printed, it must be signed by you, the testator, at the end of the document and witnessed by two people who are present at the same time.[2] These two witnesses must also sign the will in your presence. Importantly, these witnesses should not be a beneficiary under the will or the spouse of a beneficiary, as any gift to them will be invalidated.[3]

To promote access to justice, Ontario law allows holograph wills, which are handwritten and signed by the testator.[4] These wills do not require any witnesses.

Virtual Execution

In response to the COVID-19 pandemic, Ontario adopted new legislation allowing wills to be executed virtually. Virtual execution does not mean you can sign electronically. The will must still be signed in wet ink. However, signing can take place over audio-visual communication technology if the testator and witnesses are connected virtually at the same time, and at least one of the witnesses is an Ontario-licensed lawyer or paralegal.[5] In these cases, the will is signed in counterparts, meaning each person signs a separate but identical copy of the will, which together form the validly executed document.[6]

The Effect of Marriage on Wills

Even if your will complies with all formal execution requirements, it may still be invalid due to legislative changes. Before January 1, 2022, marriages automatically revoked existing wills. Starting from January 1, 2022, marriages that took place on or after that date no longer revoke existing wills. This also means that if you were married before January 1, 2022, your prior will may have been revoked unless it was made after your marriage and in contemplation of your marriage. By virtue of this law, from January 1, 2022, certain spousal separations will be treated as a divorce.[7] While the will is not invalidated in these circumstances, any gift to a former spouse and any appointment of them as estate trustee is revoked, as if the spouse died before the testator.

Reviving Revoked Wills

If your will or part of your will has been revoked, it can be revived by making a new valid will, signing a codicil, which is a document that amends or supplements your will, or re-executing your previous will with the proper formalities.[8]

Risks of Improper Execution

It is important to be aware of the requirements for a valid will, as well as any legislative changes that affect its validity. If your will is no longer valid, your estate will be distributed under intestacy laws, which may not accurately reflect your wishes and may also increase the likelihood of family conflict, leading to greater costs and delays. For this reason, it is best to review your will regularly, particularly after major life events like marriage, divorce, the birth of children, or the acquisition of property. Even if a will may still be valid in those circumstances, it may no longer accurately reflect your wishes.

Always remember that a will can speak for you when you no longer can, so ensure it says the right things.

[1] Succession Law Reform Act, RSO 1990, c S.26, s 3.

[2] Ibid, s 4(2).

[3] Ibid, s 12(1).

[4] Ibid, s 6.

[5] Ibid, s 4(3).

[6] Ibid, s 4(4).

[7] Ibid, s 17(2)-17(4).

[8] Ibid, s 19(1).

Last Updated: September 16, 2025

Disclaimer: This article is intended for general information purposes only. It is not intended as legal advice. It does not create a lawyer-client relationship and may not address your specific circumstances. You should consult with a qualified lawyer.