By Jatinder Kumar Kataria, Barrister & Solicitor · Last reviewed October 2026 · 7 min read
If you own anything, have children or have a partner, a will is one of the most useful legal documents you can have. Here is what happens without one, and what makes a will valid in Ontario.
If you die without a will
Ontario law divides your estate under a fixed formula (Succession Law Reform Act, Part II):
- A married spouse receives the first $350,000 (the "preferential share").
- The rest is shared: half to the spouse if there is one child, one-third if there are two or more children, with the children sharing the remainder.
- Common-law partners do not inherit automatically, no matter how long you lived together. They may have to go to court to claim support from the estate.
- Nobody chosen by you manages the estate. A family member must apply to court to be appointed.
What makes a will valid
- It is in writing and signed at the end.
- You sign in front of two witnesses who are present at the same time, and both sign in front of you.
- Witnessing by video is allowed if one witness is a lawyer or paralegal licensed by the Law Society of Ontario.
- A will written entirely in your own handwriting and signed (a "holograph" will) is valid without witnesses.
Life changes that affect your will
- Marriage no longer cancels an existing will in Ontario (since January 1, 2022).
- Separation can: if you are separated from a married spouse when you die, gifts to them and their appointment as executor are generally treated as if they had died first.
- New children, new property, or a move to another country are all good reasons to update your will.
Do not forget powers of attorney
A will only works after death. A power of attorney for property and a power of attorney for personal care let someone you trust make decisions if you are alive but unable to decide for yourself. Each must be signed in front of two eligible witnesses.
Sources
- Succession Law Reform Act, R.S.O. 1990, c. S.26
- O. Reg. 54/95 (preferential share)
- Substitute Decisions Act, 1992
This guide is general information about the law in Ontario and Canada as of October 2026. It is not legal advice and does not create a lawyer-client relationship. Your situation may differ; please get advice before acting.