Simple Will (Ontario) by OLL

This template is for a single adult testator in Ontario making a simple will: outright gifts, one primary and one alternate executor, a residue clause, and — if applicable — the appointment of a guardian for minor children. Not suitable for use in Quebec.

Drafting notes appear in italics and are to be deleted before execution. Square brackets mark information to be filled in. Delete any inapplicable optional clauses and renumber before execution.

This is a guided template. Work through the screening questions below with the client before drafting. If any answer is "yes," this simple will is not the right instrument — say so plainly, do not adapt this template to try to cover it, and route the client to take independent legal advice instead.

If none of the above apply, proceed. If any apply, stop the guided intake and do not generate this document — advise the client to consult a lawyer.

⚠️ This Will can still be challenged. A spouse, and in some circumstances a dependent child or other dependant, may be entitled to apply to a court for support from the estate regardless of what this Will says, and a court may order support be paid out of the estate that this Will does not otherwise provide for. Leaving a spouse or dependant with little or nothing is a common source of estate litigation. Ontario's succession legislation addresses this. VERIFY the current statutory basis and the current test for who qualifies as a dependant before this warning, or any statement of the rule, is treated as settled — the citation registry flags this as unconfirmed.

⚠️ Execution formalities require verification before every use. Ontario has amended the rules for how a will must be signed and witnessed to be valid, including the historical rule that marriage automatically revoked an existing will, and has introduced court authority to validate a will that does not strictly comply with the formal execution requirements. VERIFY the current formality requirements, the current marriage/divorce rules described in section 2, and the scope of the court's validation power, before relying on any statement in this template as current law — the citation registry flags all of this as unconfirmed this session.

If the Testator has an existing will, confirm it is being fully replaced — this clause revokes it in its entirety. If only a partial change is intended, this is not the right document; a codicil (out of scope for this template) may be more appropriate.

Marriage and divorce can each affect a will's validity or effect. Ontario changed the rule that used to automatically revoke a will on the testator's marriage; separately, a divorce (as distinct from mere separation) typically affects gifts and appointments made in favour of a former spouse under this Will, whether or not the Testator updates the document. This template does not assume the Testator has updated this Will since any marriage, separation, or divorce. VERIFY the current rule on both points, and confirm with the Testator whether their family circumstances have changed since this Will was last signed, before finalizing.

This template provides for one primary and one alternate executor only. If the Testator wants co-executors, a trust company, or more than two named individuals in sequence, that is a more complex structure than this simple template is built for — take advice.

Delete this section if the Testator has no minor children, or if the other parent of the Testator's minor children is expected to survive the Testator and already has parental decision-making authority.

A guardian appointment in a will is a nomination, not a final court order — it is typically only temporary and requires the appointed guardian to seek court confirmation, and a court retains authority to appoint someone else if satisfied that is in the child's best interests. Do NOT tell a client this appointment is automatically final or permanent. VERIFY the current governing statute, the current time-limited effect of a will-based guardian nomination, and the current confirmation process before relying on this section — the citation registry flags this as unconfirmed.

List any specific gifts here. Delete this section entirely if the Testator wants everything to pass through the residue clause at section 7.

[Repeat 5.1 for each additional specific gift, renumbering as 5.2, 5.3, and so on.]

Keep specific gifts simple — a described item, an amount of money, or a named account or asset, to a single named beneficiary. A gift with conditions, staged timing, or a trust mechanism is out of scope for this template.

Include this section only if a beneficiary under section 5 or section 7 may be a minor at the time they become entitled. This is a bare holding arrangement to bridge the beneficiary to the age of majority — it is not a testamentary trust, has no staged distributions, and has no discretionary powers beyond holding and applying funds for the minor's benefit. If the Testator wants more than that (staggered ages, discretionary support, a trustee with investment discretion beyond a simple holding), this template does not cover it — take advice.

Every simple will needs a residue clause that works even if every named beneficiary predeceases the Testator — otherwise part of the estate can pass under the intestacy rules despite the Testator having a will. Confirm section 7.2 (or a further alternate) covers that possibility before finalizing.

A short, defined survivorship period avoids the estate passing through a beneficiary's own estate, and then to the beneficiary's heirs, where the Testator and a beneficiary die close together (for example, in a common accident). 30 days is a common default; confirm it against current practice before treating it as settled.

⚠️ Do not rely on the attestation clause below as a substitute for confirming current formality rules. Ontario requires a will to be signed at its end by the Testator (or by another person in the Testator's presence and by the Testator's direction), in the presence of two witnesses present at the same time, who then also sign in the Testator's presence. A person who is a beneficiary under the Will, or who is married to a beneficiary, generally should not act as a witness — doing so can jeopardize that beneficiary's gift. VERIFY the current witnessing rules, including whether any remote/virtual witnessing permission remains available and on what conditions, before this Will is executed — the citation registry flags the current formality rules as unconfirmed.

Complete this Schedule for reference. It does not form part of the operative Will and does not override the body — if the two conflict, correct whichever document does not reflect what the Testator actually signed, and note the correction in the review log.