How do I make a will?
NewUpdated October 1A will is a legal document that says who gets your property after you die.
The property you own when you die is called your . This might include the money in your bank accounts, real estate, or personal items like your jewelry or car.
Before you make a will, it's helpful to think about a few things. For example, you have to decide who will be your .
A will must be in writing. Telling people who gets your property after you die, or making a video that says this, are not legally valid wills.
If you're , you and your spouse must each make your own will. You cannot make one will for both of you.
If you make a will in Ontario, it usually only deals with the part of your estate that's in Canada. If you own property in another country, you may need to make a separate will about the property you own there.
Types of wills
There are 2 main types of wills in Ontario:
- holograph will is a will that you write completely in your own handwriting and sign
- a formal will is a will that you sign in front of 2 witnesses who must also sign your will
You can make a formal will yourself, by using a will kit or an online tool. Or you can pay a lawyer to make one for you.
There are strict legal rules you must follow when making either type of will.
Do I need a lawyer?
You do not need a lawyer to make a valid will.
But an estates lawyer can:
- make sure that your will follows the legal rules,
- make an that meets your needs, and
- reduce the chance of disputes after your death.
After you make a will, keep it in a safe place. You may want to tell your family and estate trustee where they can find it.
You do not need to have your will or notarized. And you do not need to file it with a court or government office.