Is it advisable for everyone to possess a will, but do you know the steps required to create one? This blog post explores the prerequisites for executing wills in Ontario and outlines the support that NotarySpace offers.

Defining a Will

A will is a legally binding document that outlines how an individual’s estate, including property, belongings, and personal items, is to be distributed upon their passing.

Reasons for Having a Will

A valid will holds substantial importance. It is the most straightforward method to ensure that your wishes for distributing your assets are upheld after your death, thereby averting potential disputes and confusion regarding your estate. Having a valid will is crucial for all adults, regardless of their property holdings. It is particularly essential for individuals who are legally married, in common-law relationships, or recently separated without divorce. Although laws regulate asset distribution when a valid will is absent (referred to as “intestate” cases), not having a will presents several challenges for your loved ones. Legal guidelines on asset distribution may or may not align with your intentions, leading to misunderstandings, conflicts, and disappointment.

The Consequences of No Will

Dying intestate requires loved ones to navigate a complex legal process to distribute the estate. This often involves legal assistance, incurring significant expenses, and consuming time.

The Simplicity and Timeliness of Will

Creation Drafting a will is a simple and effective means of preparing for your family’s future. This provides assurance that your estate will be divided according to your desires. The optimal time to create a will is when it is not urgently required—preferably when you are in good health and not facing health-related concerns. Commencing this process early is always a prudent decision.

Addressing End-of-Life Matters

Dealing with life’s more challenging aspects, such as planning for what happens after your passing, can be difficult. Despite potential hesitations, it’s recommended to overcome them and take proactive steps.

Creating a Will: The Process

The most common approach to creating a valid will involves consulting a lawyer with expertise in wills or estates. An alternative is Willful, a platform that enables you to craft a last will and testament in under 20 minutes, with plans starting at $99. NotarySpace can then assist with the signing process, arranging witnesses, and completing affidavits of execution.

Signing Your Will: Ontario’s Legal Requirements

In Ontario, specific legal criteria must be met when signing wills. Failure to adhere to these requirements could render a will invalid. According to Ontario law, the testator (the person creating the will) must sign the will in the presence of two witnesses. These witnesses must also sign the will while in the presence of both the testator and each other.

Eligible Witnesses in Ontario Witnesses to wills cannot be beneficiaries, spouses of beneficiaries, or individuals under 18 years of age.

Notarization of Wills

Typically, wills do not require notarization. However, one of the witnesses should complete an affidavit of execution, confirming proper signing. This document is done in the presence of a notary or commissioner for oaths.

In-Person or Online

Will Signing Wills can be witnessed in person or remotely. In-person signings involve the testator and witnesses signing the same copy while physically present. Remote witnessing involves using audio-visual technology (e.g., Zoom) for the testator and witnesses to sign separate, identical copies during a video conference.

Assistance from NotarySpace

NotarySpace is equipped to aid in executing your will. They offer convenient in-person signing services and remote witnessing options. However, it’s important to note that NotarySpace does not draft wills; consulting a lawyer with expertise in wills and estates is recommended for that purpose.