Witness Requirements in Ontario
For your will to be legally valid, you must sign it in the physical presence of two witnesses. The witnesses must also sign the will in your presence.
Important: A beneficiary, or the spouse of a beneficiary, CANNOT be a witness. If they are, their inheritance will be voided.
of
THIS IS THE LAST WILL AND TESTAMENT of me, [Your Name], of the City of Toronto, in the Province of Ontario, Canada.
1. REVOCATION: I revoke all former Wills and Codicils made by me and declare this to be my Last Will and Testament.
2. APPOINTMENT OF EXECUTOR: I appoint my [Relationship], [Executor Name], to be the Executor and Trustee of this my Will.
3. PAYMENT OF DEBTS: I direct my Trustee to pay out of my general estate my just debts, funeral and testamentary expenses, and all income taxes, estate, legacy, succession and inheritance taxes or duties.
4. SURVIVORSHIP: Any person who fails to survive me by 30 days shall be deemed to have predeceased me for the purposes of this Will.
5. MINOR BENEFICIARIES: If any beneficiary under this Will is under the age of 21 years at the time they become entitled to a share of my estate, my Trustee shall hold their share in trust and invest it, and may use the income and capital for their education, maintenance, and benefit until they reach the age of 21 years, at which time the remaining capital and income shall be paid to them.
IN WITNESS WHEREOF I have to this my Last Will and Testament set my hand this _____ day of __________________, 20____.
SIGNED, PUBLISHED AND DECLARED by the said [Your Name], the Testator, as and for their Last Will and Testament, in the presence of us, both present at the same time, who at their request, in their presence and in the presence of each other, have hereunto subscribed our names as witnesses.
Signature of Testator
[Your Name]
Signature of First Witness
Name
Address
Signature of Second Witness
Name
Address