What is a Will?

A Will is a document that speaks for you after death, which arranges for the distribution of your assets and the care of your young children, if you have any. Essentially it is a blueprint, setting out your wishes regarding who will receive things such as your house, cottage, car, furniture, money, and anything else of value that you personally own at the time of your death, as well as set out who you wish to appoint as the executor/executrix to take care of your estate and who you wish to name as the guardian of your young children.

What Makes a Will Valid in Ontario?

1. The Will must be created by you, the Testator (it cannot be made by someone else on your behalf)
2. You must be of sound mind when you create the Will
3. You must be the age of majority, which in Ontario is18 years old
4. You must sign and date the document in the presence of two valid witnesses, who must also sign the Will (witnesses CANNOT be beneficiaries of the Will)
5. Your Will must be signed in “wet ink”
6. Your signed Will must be stored in a safe and secure location, as only the original Will is considered valid

How Do You Make a Will?

You do not need the assistance of a lawyer to make a Will, however, given that this is a legal document, it is highly recommended that a lawyer is utilized to help draft your Will. You can use online Do-It-Yourself Will kits or you can draft a Will in your own handwriting, but there is much caution that should be taken when it comes to these methods, as the courts may deem the Will to be invalid if they do not meet the legal requirements to establish a valid Will, such as the above-mentioned signing requirements.

A Will is not a one size fits all document; customization is a key feature of utilizing a lawyer. If you are separated but not legally divorced or if a beneficiary has a disability, online services do not offer much customization in this regard, and if your write things by hand, you may be drafting clauses that do not abide the law. To ensure your wishes are being drafting according to how you want while also aligning with the law, it is best to seek the advice of a legal professional.

What if You Die Without a Will?

If you die without a Will, things can become extremely complicated when it comes to administrating your estate. Dying without a Will, means you have died intestate. What this essentially means is that instead of having a document which states your personal wishes for the distribution of your assets and appoints a trustee to execute those wishes, the distributions will be in accordance with the current laws of Ontario, which are found in the Succession Law Reform Act, and someone, such as your spouse, adult child, parent, or sibling will have to apply to the court in order to be appointed as trustee.

Connect With Suzanne Desrosiers Professional Corporation

If you have any questions about drafting a Will, please feel free to reach out to Suzanne Desrosiers Professional Corporation by calling us at (705) 268-6492 or emailing us at info@sdlawtimmins.com and we would be more than happy to help!