Who Can Make a Will in Ontario?
In Ontario, anyone who is at least 18 years old and of sound mind can make a Will. “Sound mind” means that the person making the Will understands what a Will is, the nature of their property and assets, and the people who may be affected by their Will.
Minors (individuals under the age of 18) cannot make a valid Will in Ontario, with some exceptions for those who are married or who have been declared to be independent by a court.
It’s important to note that if a person lacks the mental capacity to make a Will, they cannot make a valid Will. This may be the case if a person has a cognitive impairment or a mental illness that affects their ability to understand the nature and consequences of their decisions.
PLEASE NOTE: We don’t mean to dwell on this point. But contesting a Will is frequently based on claimed mental impairment, undue influence or duress. Think of second marriages.
We also like to point out the importance of a Will even for those that are young and may not have traditional assets like real estate or RRSP even cryptocurrency, but many young people have insurance and benefits associated with their employer and this information is important to document. We meet many clients that are well into their 50s and 60s and realize they have never updated beneficiaries on documents from their first jobs.
Remember that a Will should give an Executor the power to deal with your Estate and more importantly your digital assets. Most people who have reached the age of majority have a digital footprint that could be worth more than property. The protection of your “digital estate” alone would justify writing a Will when you hit 18!
Read more about who should have a Will and why?
Ontario Pre-Formatted, Fillable Estate Forms
Want more information?
This material is for general information and educational purposes only. Information is based on data gathered from what we believe are reliable sources. It is not guaranteed as to accuracy, does not purport to be complete and is not intended to be used as a primary basis for investment decisions.