A will is a legal document that sets forth your wishes regarding the distribution of your property and the care of any minor children after you die. 

 

Wills commonly include the following:

• The name of an executor or estate trustee who will be responsible for carrying out your wishes.

• The name of a guardian to care for any minor children.

• Specific gifts of money, personal property or land.

• Directions about who should get the rest (or remainder) of your money and property.

• Instructions that allow money to be held in trust for certain beneficiaries (for example, children or people with disabilities).

• Funeral Instructions, gifts to charitable organizations, arrangements for pets, and more.

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For a will to be valid in Ontario, it must be in writing and signed in the presence of two witnesses who are at least 18 years old. A witness cannot be a beneficiary (someone who will inherit under the will) or the spouse of a beneficiary and must have a testamentary capacity to understand the nature and effect of the will.

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It is important that witnesses swear an Affidavit of Execution in front of a notary or commissioner for taking oaths. Affidavit of Execution (also known as Ontario Court Form 74.D) is a sworn statement from a witness confirming that they saw you sign your will. An Affidavit of Execution is required during probate procedure when the court formally approves that the deceased's will is their valid last will.