Who Can Witness a Will in Ontario? Virtual Witnessing Explained
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In Ontario, you sign your will in front of two witnesses who are present at the same time, and both of them sign it too. Most adults can be a witness, including friends, neighbours and co-workers. Avoid anyone who gets something under your will, and their spouse or partner: the will stays valid, but their gift can be cancelled. You can also sign and have your will witnessed by video, as long as one witness is a lawyer or paralegal licensed in Ontario.
Key Takeaways
- A will needs two witnesses who watch you sign and then sign it themselves, while all three of you are present together.
- Friends, neighbours, co-workers and most other adults can witness a will.
- If a beneficiary or their spouse witnesses your will, their gift can be void, even though the rest of the will still counts.
- A will doesn’t need to be notarized in Ontario. It needs to be properly signed and witnessed.
- You can sign and have your will witnessed by video, as long as one witness is a lawyer or paralegal licensed by the Law Society of Ontario.
Sign your will online.
Who Can Witness a Will in Ontario?
Any adult who doesn’t benefit from your will, and isn’t married to or living with someone who does, is a good choice. Common witnesses include:
- Friends
- Neighbours
- Co-workers or business associates
- Adult relatives who aren’t beneficiaries, like a cousin or an aunt who isn’t named in the will
- A lawyer, paralegal or notary public
Both witnesses have to be there when you sign, in person or on the same video call. Each one then signs the will in front of you. Pick people you can reach later, since a witness may be asked to swear an affidavit of execution when the will goes to probate.
Who Shouldn’t Witness Your Will?
Beneficiaries and their spouses or partners
Under Ontario’s Succession Law Reform Act, a beneficiary can sign as a witness, but it usually costs them their gift. If a witness or their spouse or partner is a beneficiary, the gift to them is void, unless a court is satisfied that there was no undue influence. The rest of the will is still valid. The simplest fix is to choose witnesses who get nothing under the will.
Anyone under 18
Use adult witnesses. A witness needs to understand what they’re watching and may have to swear an affidavit about it later, so witnesses aged 18 or older are the safe choice.
Anyone who isn’t there
A witness who signs later, or who wasn’t present when you signed, doesn’t count. Both witnesses have to see you sign, at the same time.
Can a Family Member Witness a Will in Ontario?
Some can. A relative who isn’t a beneficiary, and whose spouse or partner isn’t one either, can witness your will. In practice, most close family members are beneficiaries, so they’re usually not a good choice. Your spouse or partner, your children and anyone else named in your will should not be your witnesses.
Can an Executor Witness a Will?
Yes, as long as the executor isn’t also a beneficiary. Being named executor doesn’t stop someone from witnessing, but if your executor also receives a gift, the beneficiary rule above applies to that gift.
Does a Will Need to Be Notarized in Ontario?
No. A will is valid in Ontario when it’s signed by you in front of two witnesses who also sign it. Notarizing isn’t required. A notary public can act as one of your witnesses, though. Learn more in do wills need to be witnessed or notarized?
Can a Will Be Witnessed Virtually in Ontario?
Yes. Ontario allows a will to be signed and witnessed by video, as long as at least one of the two witnesses is a lawyer or paralegal licensed by the Law Society of Ontario. This has been a permanent rule since 2021.
Everyone joins the same video call, so the witnesses can see you sign. You sign your printed will in ink, and the witnesses sign a counterpart, which is a complete, identical copy of the document. Everyone signs during the same call. Together, the signed copies make up your will.
Electronic signatures aren’t allowed on wills in Ontario. Every signature, including yours, has to be in ink.
With NotaryPro’s virtual wills and POA service, we provide both witnesses, and one is a lawyer or paralegal licensed by the Law Society of Ontario. You print your will, sign it on the video call, and we courier the witnessed counterpart back to you. The service is available to people in Ontario.
Sign your will online.
What Happens on Signing Day?
- Everyone meets. You and both witnesses are together, in person or on the same video call.
- Your identity is confirmed. The witnesses, or the licensed professional, check your government-issued photo ID.
- You sign at the end of your will. Both witnesses watch you sign. Many people also initial each page.
- Each witness signs. Both witnesses sign below your signature, in front of you, and add their names and addresses.
- You store the original safely. Keep the signed will, or the signed counterparts if you signed by video, somewhere your executor can find it.
If you’re also preparing a power of attorney, you can usually sign it in the same session. The witness rules for a POA are different, so check who can witness a power of attorney in Ontario.
Mistakes That Can Cause Problems With a Will
- Using a beneficiary or their spouse as a witness, which can cancel their gift
- Having only one witness, or witnesses who weren’t both present when you signed
- Signing in the wrong place, like above the last clause instead of at the end
- Signing electronically, which isn’t allowed for wills in Ontario
- Signing by video without a licensed witness, since one witness has to be a lawyer or paralegal
Since 2022, an Ontario court can sometimes accept a will that doesn’t meet the signing rules. That process takes time and money, and it isn’t guaranteed. Getting the witnessing right the first time avoids the problem.
Does Every Will Need Witnesses?
No. A holograph will, written entirely in your own handwriting and signed by you, doesn’t need witnesses in Ontario. A typed or printed will, including one made from a template or online, does need two witnesses.
Frequently Asked Questions
How many witnesses do you need for a will in Ontario?
Two. Both have to be present at the same time when you sign, and both sign the will as witnesses.
Can a beneficiary witness a will in Ontario?
They can sign, but their gift, and any gift to their spouse or partner, is void unless a court decides otherwise. The rest of the will still stands. Choose witnesses who get nothing under the will.
Can a minor witness a will in Ontario?
Use witnesses who are 18 or older. A witness may need to swear an affidavit about the signing later, so an adult is the safe choice.
Can a notary witness a will?
Yes. A notary public can be one of your two witnesses. Your will doesn’t need to be notarized, but a notary can witness your signature like any other eligible adult.
Can a will be notarized instead of witnessed?
No. In Ontario, a will needs two witnesses. A notary’s stamp doesn’t replace them, although a notary can be one of the two.
Can I sign my will over video in Ontario?
Yes, if one of your two witnesses is a lawyer or paralegal licensed by the Law Society of Ontario. With NotaryPro’s virtual wills and POA service, we provide both witnesses, so you don’t need to find your own.
Where can I find witnesses for my will?
Ask friends, neighbours or co-workers who aren’t in your will. If that’s hard, you can sign online with NotaryPro and we provide both witnesses.
Sign Your Will Online with NotaryPro
You don’t need to find two witnesses and a place to meet. Sign your will by video from home, and NotaryPro provides both witnesses.
Sign your will online.
This article is general information about Ontario law, not legal advice. For advice about your own will, speak with a lawyer.