Understanding Wills in Ontario: 

What They Are, What Goes In Them, and Why It Actually Matters

By Emilija Dimitrievski and Ishika Vijay*

Published May 26th, 2026

Most people know they should have a will. Far fewer actually have one, and even fewer understand what's in it or why each piece is there.

If you've been putting it off, or you have one but haven't looked at it in years, this is for you.

So What is a Will, Exactly?

A will is a legal document that says what happens to your assets when you die: who gets what, who's in charge of sorting it all out, and who looks after your children if you have them. In Ontario, wills are governed by the Succession Law Reform Act.

If you die without one, Ontario's intestacy rules make those decisions for you. And they won't get it right for your family.

What Makes a Will Actually Valid?

This part matters more than most people realize. A document that doesn't meet Ontario's legal requirements isn't binding, no matter how clearly it states your wishes.

A valid Ontario will requires:

1. Testamentary capacity. You need to understand what you own, who your family is, and what the will does. This is why I have real conversations during consultations rather than just handing you a form.

2. No undue influence. The will has to reflect your decisions, not someone else's pressure. This comes up more than you'd think, especially with elderly clients.

3. Clear intention. It must be unambiguous that this document is your will, not a draft or an informal note.

4. Writing. Typed or fully handwritten. Ontario does not recognize verbal or video wills.

5. Signed by you at the end of the document.

6. Two witnesses. Two adults must watch you sign, then sign themselves, in your presence and in each other's. Here's the catch most people don't know: if a beneficiary (or their spouse) acts as a witness, their gift may be void. Choose your witnesses carefully.

One exception: holograph wills, completely handwritten and signed by you, no witnesses required. But they're easy to get wrong. Please get legal advice before going that route.

The Clauses that Actually Do the Work

A well-drafted will isn't just a list of who gets what. Each clause below is there to prevent a specific problem. When one is missing, that gap shows up right when your family can least afford it.

Executor clause. 

Names your Estate Trustee, the person responsible for collecting your assets, paying your debts, filing your taxes, and distributing everything to your beneficiaries. This is one of the most consequential decisions in the entire document. Choosing the wrong person causes real harm to the people you're trying to protect.

Residue clause. 

After specific gifts and debts are settled, whatever's left is the residue, often the largest part of the estate. No residue clause means Ontario's intestacy rules govern that remainder. Don't skip it.

Revocation clause. 

Cancels all previous wills. Without it, old documents can create confusion about which will actually governs your estate.

Specific bequests. 

Directs particular items, jewelry, a vehicle, a family heirloom, to specific people. This is the clause that prevents the arguments.

Guardianship clause. 

If you have minor children, this is the most important thing you'll put in writing. It tells the court who you want raising your kids. The court isn't bound by your choice, but it carries significant weight. Don't leave this to chance.

Trust clause. 

Holds assets for minors or vulnerable beneficiaries until they reach a certain age or meet a condition. Inheriting $300,000 at 18 with no structure around it rarely goes well.

Powers clause. 

This clause gives your executor the authority to act;  to sell property, manage investments, settle claims, without needing court approval at every step. This makes estate administration significantly smoother for everyone involved.

Tax and debt payment clause. 

Specifies how estate liabilities are handled so your beneficiaries aren't left arguing over who absorbs what.

Survivorship clause. 

Requires a beneficiary to outlive you by a set period (usually 30 days) to inherit. If spouses die close together, this prevents assets from passing through two estates in quick succession, which means double probate, double delay, and double the cost for everyone left behind.

Digital assets clause. 

Authorises your executor to access your online banking, cryptocurrency, social media accounts, and cloud storage. It's 2026. Most people have significant digital assets and no plan for what happens to them.

Family Law Act - Excluding Gifts from Net Family Property Clauses and Spousal Elections

Spousal Elections and Your Will

In Ontario, clauses aside, a surviving married spouse can choose between what the will leaves them or making an equalization claim under the Family Law Act. They have six months from the grant of the estate certificate to decide. This clause makes your intentions clear and reduces the risk of conflict during what is already a difficult time.

Exluding Gifts from Net Family Property 

As well, a well-drafted will can also include a provision expressly excluding any inheritance from the beneficiary's net family property. This means that if your child or other beneficiary later separates or divorces, their spouse cannot claim a share of what you left them. Without this language, an inheritance that lands in a joint account or gets commingled with family finances can lose that protection entirely. If you're leaving anything of value to a married child, this clause is worth having. 

But note: the exclusion is not absolute. If the inheritance gets deposited into a joint account, used to pay down a shared mortgage, or otherwise traced into the marriage, it can still become part of net family property, and the protection is lost. How a beneficiary handles the inheritance after receiving it matters just as much as what the will says.

The Honest Truth

A will isn't really about death. It's about making sure the people you love aren't left navigating a mess at the worst possible time.

Every clause above is there for a reason. When one is missing, someone, usually the people closest to you, pays the price.

If you have questions about your own situation, I'm always happy to chat.

*Emilija Dimitrievski is a lawyer at Dimitrievski Law, practising wills, estates, powers of attorney, and real estate law in Ontario. 

Ishika Vijay is a lawyer/advocate in India and a summer student working under the supervision of Emilija Dimitrievski, pursuing licensing at Osgoode.

This article is for general information only and does not constitute legal advice. For advice specific to your situation, please consult a lawyer.