“Can I write my own will with a pen and paper?”
Holographic wills—also known as handwritten wills—have an understandable appeal. They’re simple, they don’t need witnesses, and they’re free. But these wills also carry significant risks.
This article discusses the legality of holographic wills in Ontario, and when opting for an online will service like Willful is a safer alternative.
What is a holographic will in Ontario?
A holographic will is a will that is entirely handwritten and signed by the person making the will. It doesn’t require witnesses and can be made without a lawyer.
Section 6 of Ontario’s Succession Law Reform Act (SLRA) governs legal wills.
Learn more about legal wills in Ontario →
What are the requirements for a holographic will to be valid in Ontario?
According to the SLRA, a holographic will does not need witnesses, but it must be:
- Written entirely in your handwriting
- Signed by you
- Clearly state how you want your estate to be distributed
Notable cases of holographic wills
Since they don’t need witnesses, holographic wills are often contested in court. Without witnesses, it can be hard to prove that the testator really wrote their own will without it being forged or forced, especially if the wishes in the will are surprising for the deceased’s family and beneficiaries.
Here’s an example;
Are holographic wills legal in Ontario?
Yes, holographic wills are legal in Ontario, but only if they meet the requirements outlined in the Succession Law Reform Act.
Additionally, to make any valid will in Ontario, you must be:
- At least 18 years old (or are married, part of the armed forces, or a sailor at sea)
- Have mental capacity, meaning you understand the nature and consequences of making a will, including the extent of your assets and potential claims on your estate
Despite the simplicity, holographic wills are prone to legal challenges due to the absence of witnesses and the potential for errors.
What are the problems with holographic wills?
While holographic wills may seem convenient and affordable, they may carry significant risks:
- Lack of clarity: Handwritten wills often lack the structure and language necessary for legal documents, leading to ambiguities in your instructions.
- Higher risk of challenges: Because they don’t have witnesses, holographic wills are more likely to be contested in court.
- Lack of legal guidance: Creating a will without legal oversight may lead to mistakes, such as failing to consider estate taxes, not appointing guardians for children or pets, or leaving out important beneficiaries.
Making a will online with Willful is a safe and legal alternative to a holographic will in Ontario. All Willful documents were created with the input of lawyers and can be made conveniently online. Get started for free →
What happens if a holographic will is invalid?
If a holographic will is deemed invalid, Ontario’s intestacy laws apply, meaning the court will distribute assets according to provincial guidelines.
As a result, parts of your estate may be distributed against your wishes.
To avoid this, make sure your will meets all legal requirements and discuss your wishes with your loved ones.
What is the new law regarding wills in Ontario in 2024?
While there haven’t been drastic changes to Ontario’s will laws in 2024, the Succession Law Reform Act continues to evolve since it became part of the Reformed Statutes in 1990, particularly around substantial compliance. Substantial compliance allows courts to validate wills that don’t meet all formal requirements, as long as the testator’s intent is clear.
When should you choose Willful instead of a holographic will?
Many people in Canada delay getting a will because of barriers like cost. But while holographic wills are free, they come with their own risks.
As an alternative, Willful offers affordable legal wills that are easy to create and approved by the Law Society of Ontario. Plus, with free unlimited updates for life, you can come back anytime and update your will for free.
