Getting a Will Witnessed and Notarized in Ontario: What the Law Actually Says

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Wills generate more confusion than almost any other document when it comes to notarization. People often assume they need a notary to make a Will legally valid. Others aren’t sure whether a notarized Will is even a thing. Here’s what Ontario law actually requires, and where a notary fits in.

Does a Will Need to Be Notarized in Ontario?

No. Ontario’s Succession Law Reform Act doesn’t require a Will to be notarized. For a formal Will to be legally valid, it needs to be in writing, signed at the end by the testator (the person making the Will) in front of two witnesses, and signed by those two witnesses in the testator’s presence. The witnesses must be adults, and they shouldn’t be beneficiaries or the spouses of beneficiaries.

A notary isn’t required to be one of those witnesses. A friend, a colleague, or a neighbour can witness a will.

So What Does a Notary Do for a Will?

This is where it gets useful. A notary public can prepare a notarial copy of your Will, a certified true copy that can be used when the original is needed by financial institutions, insurance companies, or other organizations during your lifetime. Estate lawyers also sometimes use a notary to prepare or certify supporting documents as part of the estate process.

Additionally, a notary can prepare a probate affidavit, a sworn statement from an executor that may be required when applying to the court to administer an estate. These affidavits do need to be sworn before a notary.

What About Holograph Wills?

Ontario also recognizes holograph Wills, ones entirely handwritten and signed by the testator, with no witnesses required. These are valid but harder to administer after death. A notarized copy of a holograph will can make things considerably smoother for your executor.

Should You See a Lawyer First?

For drafting the Will itself, yes. A notary isn’t a substitute for an estate lawyer when it comes to preparing the document. But for certified copies, supporting affidavits, and powers of attorney that often accompany estate planning, Notable Notary handles these for clients across Pickering, Whitby, Ajax, and Oshawa in person, mobile, or online.