2. Learn about holograph wills

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

No one can force you to make a will. You must want to make it.

Rules of holograph wills 

To make a valid holograph will, you must:

• write the entire will in your own handwriting
• sign your will at the very end, and
• be mentally capable of making a will.

If you make a holograph will, you should:

• write that it's your “last will and testament”
• write your full name
• name the person you want to be your estate trustee
• say what your wishes are, for example, what you want to happen to your property after you die
• write the date that you sign it

You do not need witnesses to sign a holograph will. You do not need to use a lawyer, and you do not need to get the will commissioned.

You can keep the will in a safe place. You do not have to file it with a court or government office.

Risks of making a holograph will 

A holograph will is not legally valid if it does not meet all the legal conditions. For example, if your will is partly or fully typed, or written on a pre-filled form, it is not valid.

Even if your handwritten will is legally valid, it may create more problems than a formal will after you die. Because you do not need witnesses when making a holograph will, a person may be more likely to challenge it in court.

They may argue that you were not mentally capable of making the will. Or that you did not write the will yourself.

The court may need evidence, such as a handwriting expert, to prove that the will is genuine. This can be expensive.

If you wrote the will without legal help, the wording may be unclear or may only deal with some of your property. This can cause family fights. Property not covered by your will may go to people based on Ontario's intestacy rules. And they may be people who you did not want to leave your money to.