What Are the Steps to Create a Will in Ontario?
- Ahsan Chaudhry
- 2 days ago
- 5 min read
Let’s face it; no one wants to talk about wills. Thinking about what happens after you’re gone can feel like planning a party you’ll never get to attend. But here’s the truth—creating a will in Ontario is one of the most important things you can do to protect your loved ones and your legacy. Plus, with the right legal guidance (hint: that’s where Brace Law comes in), the process doesn’t have to be scary or complicated.
If you live in Oakville, Vaughan, or the Hamilton region and you’re wondering how to create a will in Ontario, you’re in the right place. This guide will walk you through each step of the process, explain the when and why, and offer a few laughs along the way to keep your mind off of the impending doom!
Why You Need a Will in Ontario (Yes, Even If You're Not a Millionaire)
Some people think that unless they own a yacht or a lakeside Muskoka cottage, they don’t need a will. Not true. A will isn't just about passing on wealth, it's about making sure the people you care about are taken care of—and that the government doesn’t make those decisions for you.
Without a legal will in Ontario, the Succession Law Reform Act decides who gets what. That means your assets might not go to the people you'd choose. Worse, it could lead to family disputes or delays that turn a tough time into a legal headache.
So whether you're in Oakville with a growing family, living in Vaughan with aging parents, or just bought a home in the Hamilton region, it’s time to get serious about your estate plan.
Step 1: Decide When to Make a Will (Hint: Sooner Than You Think)
When should you make a will in Ontario? If you're over the age of 18 and own anything more valuable than a Tim Hortons gift card, the answer is: now. Life moves fast. One minute you’re renting a condo, the next you’re getting married, buying a house, having kids—or even starting a business.
Here are some common life events that should prompt you to create or update a will:
Marriage or divorce
Having children or grandchildren
Buying real estate in Ontario
Starting a business
Receiving an inheritance
Moving to or from Oakville, Vaughan, or Hamilton
Basically, if your Facebook status has changed more than twice this year, it's probably time to talk to a wills and estates lawyer at Brace Law.
Step 2: Choose Your Key People (Executor, Guardian, Beneficiaries)
Making a will means making decisions. First, you’ll need to name an executor. This person will handle your estate after you pass away. Think of them as the CEO of your final affairs. You’ll want someone responsible, trustworthy, and ideally not allergic to paperwork.
If you have minor children, you'll also need to appoint a guardian. This decision is huge. It’s about who will raise your kids if you’re not around. Pick someone who shares your values—and who won’t let them eat cake for breakfast (unless it's their birthday, then it's fine).
Then come the beneficiaries. These are the lucky folks who’ll inherit your assets. Be clear and specific. You don’t want cousin Mike showing up at your Oakville condo arguing that you definitely promised him your vintage vinyl collection.
Step 3: List Your Assets and Debts
Creating a will in Ontario means taking stock of what you own. From your house in Hamilton to your bank accounts in Vaughan, you’ll need to make a list of your assets and debts.
This might include:
Real estate
Vehicles
Investments
Business interests
Personal belongings
Digital assets (yes, even your Bitcoin)
Don’t forget to include outstanding debts. No one wants their estate to be left holding the bag on a forgotten credit card. The more organized you are, the easier it is for your executor—and the smoother the probate process will be.
Step 4: Choose the Right Type of Will
In Ontario, you’ve got a few options when it comes to the kind of will you create. Let’s break them down (with minimal Latin):
Holograph Will: This is a handwritten will, written and signed entirely in your own handwriting. It’s legal in Ontario, but risky. No witnesses are required, which means no backup if someone challenges it. It’s basically the sticky note of wills.
Formal Will: This is the gold standard. It’s typed, signed by you, and witnessed by two people who are not beneficiaries. This is the type of will Brace Law can help you prepare professionally and legally sound.
Will Kit or Online Will: These are DIY options, often tempting for their low cost. But beware—errors or omissions can make the will invalid. What you save now could cost your family later.
At Brace Law, our experienced wills and estates lawyers in Oakville and Vaughan can help you draft a legally binding formal will that actually does what you want it to do. We don’t use cookie cutters, and we certainly don’t rely on random internet templates.
Step 5: Sign and Witness the Will (Yes, It Matters)
In Ontario, your will isn’t valid until it's properly signed and witnessed. The rules are strict for a reason. You need to:
Sign the will in the presence of two witnesses
Ensure the witnesses are not beneficiaries or spouses of beneficiaries
Get this part wrong and your will could be invalid. Don’t risk it. At Brace Law, we make sure all the formalities are properly handled, so your loved ones aren’t left with surprises—or worse, court dates.
Step 6: Store It Like It's Treasure (Because It Is)
Once your will is signed and witnessed, it needs a safe home. Don’t just toss it in a drawer next to your old phone chargers. Store the original will in a secure place like a fireproof box, safety deposit box, or your lawyer’s office.
Let your executor know where to find it. There’s nothing more frustrating than knowing there’s a will somewhere but having no idea where it went. It’s not a treasure hunt; it’s a legal document.
Step 7: Keep It Updated (Life Happens, After All)
A will isn’t a "set it and forget it" kind of deal. You should review your will every few years or after major life events. Got remarried? Bought a second home in Hamilton? Grandkids suddenly outnumbering the rest of the family? Time for an update. Updating your will is just as important as writing it.
We Are Your Trusted Wills & Estates Lawyers in Ontario
Brace Law has helped countless clients across Oakville, Vaughan, and the Hamilton region draft, and revise, their wills. We combine legal knowledge with a personal touch, ensuring that your final wishes are respected and legally protected.
We get it; thinking about your will isn’t always pleasant. But with the right support, it can be empowering. You're not just planning for the future; you're making life easier for the people you care about most.
Nobody wants to leave a legacy of confusion and courtrooms. With the help of a Brace Law wills and estates lawyer, your will can be clear, complete, and ironclad.
Ready to create your will in Ontario? Contact Brace Law today and speak with one of our experienced estate planning lawyers in Oakville or Vaughan. Your family will thank you!
📍 Our Oakville Law Office (Main Office): 2939 Portland Dr Unit 202, Oakville, ON L6H 5S4
📍 Our Vaughan Law Office: 3883 Highway 7 Road, Unit 220, Vaughan, ON L4L 6B9
📧 Email: staff@bracelaw.ca
Visit www.bracelaw.ca or call us today to book your consultation.
Disclaimer: The information provided in this blog is for general informational purposes only and does not constitute legal advice. Legal policies and regulations change frequently, and every case is unique. For personalized legal guidance tailored to your situation, please consult with a qualified lawyer.
