Signing guide
How to sign your will in Ontario
- Witnesses
- 2, present together
- Minimum age
- 18
- Handwritten will
- Can be valid without witnesses
- Law
- Succession Law Reform Act (SLRA)
Step by step
- 1
Print the will in full and read it carefully before signing. Do not alter the printed pages.
- 2
Gather two adult witnesses who are NOT named as beneficiaries in this will and NOT the spouse of any beneficiary.
- 3
All three of you — you (the testator) and both witnesses — must be physically present together in the same room for the entire signing ceremony.
- 4
Sign or initial every page of the will at the bottom.
- 5
On the final page, sign your full legal name in ink in the space provided, in the presence of both witnesses simultaneously.
- 6
Each witness then signs the will in your presence and in the presence of each other.
- 7
Complete the Affidavit of Execution with one of the witnesses before a notary public or commissioner of oaths — this is not required to make the will valid, but it speeds up probate significantly.
- 8
Store the original signed will in a safe place (safety deposit box, with your lawyer, or in a fire-resistant safe). Tell your executor exactly where it is.
- 9
Keep a copy for your own reference — the original signed paper will is the legal document.
Before your witnesses sign
- Each witness is an adult of sound mind.
- No witness receives anything in the will, and no witness is married to someone who does.
- You and all witnesses are in the same room for the whole signing.
- Nobody changes, adds or removes pages after signing.
Good to know in Ontario
- Ontario SLRA s.5: dependants (including a spouse and children) may apply to court for support from the estate regardless of the will's terms. A dependant support claim can override Faraid distribution — professional advice is strongly recommended if you have dependants.
- Ontario does not recognize polygamous marriages. Only your legally married spouse has automatic inheritance rights under the SLRA. A religious-only marriage partner has no automatic legal standing; they may only inherit through the wasiyyah.
- Marriage after the date of the will does NOT automatically revoke it in Ontario (unlike older common-law rules), but divorce does revoke gifts to the former spouse. Review your will after any change in marital status.
- Beneficiary designations on RRSPs, RRIFs, TFSAs, and life insurance pass OUTSIDE the estate directly to the named beneficiary and are NOT subject to Faraid through the will.
Related documents in Ontario
- Power of attorney for property
- Continuing Power of Attorney for Property
- Health care and personal decisions
- Power of Attorney for Personal Care
- Organ donation registry
- Trillium Gift of Life Network (beadonor.ca)
- Government pension survivor benefit
- Canada Pension Plan, claimed from Service Canada
Beneficiaries named directly on RRSPs, TFSAs and life insurance receive those assets outside the will, so Faraid shares do not apply to them. Review those designations too.
Islamic note
This guide has not yet been reviewed by a lawyer in Ontario. It explains the usual formalities and is not legal advice. Printed from mWill, muslim-will.ca.