How To Ensure Your Will Is Valid

Having a will is crucial for anyone, regardless of age or assets. A will allows you to dictate how your estate will be distributed after your death. If your children are minors or if you have other dependents, a will allows you to ensure they are properly cared for. Without a will, these things are determined by the law, which may not align with your wishes or values.

There are specific requirements for making a will. It is one of the few legal documents where a virtual signature is not sufficient.

So, what are the rules for making a valid will in Ontario and what are some possible solutions for people who have difficulty satisfying these requirements?

What are the requirements for a valid will?

In Ontario, several rules must be followed to make a valid will. These include:

1. Wet Signature: You (the testator) must sign the will in the presence of two witnesses. A wet signature is required, meaning that the testator must physically sign the document with a pen, electronic signatures are not accepted.
2. Age of Majority: The testator must be at least 18 years old to create a will or be named a beneficiary of a will. Otherwise, assets can be entrusted to a trustee.
3. Testamentary Capacity: The testator must have the requisite testamentary capacity and mental capabilities to execute a valid will. This includes understanding the nature and extent of their assets, the claims of potential beneficiaries, and the consequences of the decisions they make in their will.
4. Witnesses: The will must be seen and signed with two witnesses present, they must both sign to confirm they have witnessed the signature. The witnesses must be at least 18 years old and cannot be beneficiaries or spouses of beneficiaries, and they must be capable of understanding their role as witness.

What if I can’t meet these requirements?

If you’re physically unable to travel, there are certain provisions that allow you to make your will official in the province of Ontario.

1. Virtual Witnesses: In response to the COVID-19 pandemic, the Ontario government has temporarily allowed for virtual witnessing of wills called “O. Reg 129/20”. This means that the witnesses can be present via video call while the testator signs the will. However, the testator and their two witnesses must be able to see, hear, and speak to each other in real time. If you choose to virtually sign your document, one of the two witnesses must be a member in good standing of the Law Society of Ontario. The virtual witnessing process has specific requirements and restrictions, so it’s important to consult with your Blackburn Lawyer to ensure that your virtual will is valid.
2. Arrange For Your Lawyer to Meet You: If you are unable to travel, you can also arrange to have your lawyer come to you. This option may be particularly useful for individuals who are hospitalized or receiving long-term care.

Create your will early and revisit it

It’s important to create a will as soon as possible and revisit it regularly. Life circumstances can change quickly — marriage, divorce, children, or the acquisition of major assets — and most require updates to your will. By keeping your will up to date, you can ensure that your will reflects your current wishes and that they are carried out as intended.

Creating a will can seem overwhelming but it doesn’t have to be. If you’re unsure where to start or have questions about the process, contact Blackburn Lawyers. Our experienced team of lawyers can guide you through the process of creating a valid will to ensure that your final wishes are carried out.

Schedule a free consultation and start protecting your assets and loved ones.

* Please note that the information in this article is not intended as legal advice, but rather as a general overview on the subject. If you are seeking legal advice, please consult with a lawyer.