1. Decide how you want to make your will

There are different ways to make a will.

Write a holograph will

A holograph will is one you write completely in your own handwriting.

Make sure to write that it's your “last will and testament”. You should also include:

• your name
• the name of the person you want to be your estate trustee
• what your wishes are, for example, who you want to get your property when you die

You must sign your will at the very end. And it's a good idea to put a date on it. You do not need to have a witness present when you sign it.

There is no cost to make a holograph will. But if it's not done correctly, it may not be valid. For example, it cannot be typed, or part handwritten and part typed, or have any parts that are already printed like a form will.

Use a form will kit

A form will is one you make using a kit that you buy online or from a store. Make sure the kit is based on Ontario laws.

Will kits usually have blank parts that you have to fill in.

Make sure you follow all the rules for making a formal will. This means:

• The will must be dated.
• You must sign the will in front of 2 witnesses.
• You do not leave any property to your witnesses and their married partners in your will.
• Each witness must also sign the will in front of you and the other witness.
• One of the witnesses should sign an affidavit of execution. This is a document that confirms that you signed the will in front of both witnesses who also signed the will.

The price of a form will kit ranges around $50 to $100 and sometimes more.

Using a will kit does not guarantee that your will is done correctly.

Hire a lawyer to make a formal will

A formal will is one that follows all the rules for making a will. This means:

• The will must be dated.
• You must sign the will in front of 2 witnesses.
• You do not leave any property to your witnesses and their married partners in your will.
• Each witness must also sign the will in front of you and the other witness.
• One of the witnesses should sign an affidavit of execution. This is a document that confirms that you signed the will in front of both witnesses who also signed the will.

Estate lawyers usually charge around $500 to $1,500 to make:

• a basic will,
• a power of attorney for property, and
• a power of attorney for personal care.

Their fee depends on how complicated your situation is.

Your situation is complicated if you:

• own property and assets in more than one country
• have a business
• have a dependant who needs long-term medical care or who gets government benefits
• have children from a previous marriage
• are living with a common-law partner and have a married partner who you have not divorced

If you have a large or complicated estate, it's a good idea to talk to a financial advisor as well as an estates lawyer.

CLEO Guided Pathways

You can use CLEO’s Guided Pathway to make a simple will. This free online interview asks questions and uses the answers to draft a will and a guide with next steps.

Virtual witnessing

In March 2021, the law changed so that wills can be witnessed virtually or remotely.

This means that people can have their will witnessed in person with everyone in the same room or remotely using audio-visual technology. This includes Skype, Zoom, Webex, and FaceTime.

The law firm Hull & Hull has a checklist that helps you follow the rules about using audio-visual technology when signing a will. For example, it says:

• You and your 2 witnesses must be able to see, hear, and speak to each other at the same time.
• One of the witnesses must be a lawyer or paralegal who's licensed by the Law Society of Ontario.
• Everyone must sign an identical copy of the document at the same time.

Your will is made up of all these copies.