Why Drafting Wills Trusts in Ontario Is Essential 

A Will is a legal document that outlines how your estate will be distributed after your death. Without a valid Will, your estate will be subject to Ontario’s intestacy laws under the Succession Law Reform Act (SLRA). This could result in unintended beneficiaries and unnecessary family disputes. 

Key reasons to professionally draft wills include: 

• Ensuring your spouse, children, and dependents are taken care of. 

• Minimizing family conflicts and costly court battles. 

• Appointing a trusted executor to manage your estate. 

• Designating guardians for minor children. 

• Providing for charitable donations or specific bequests. 

• Reducing probate fees and tax implications through proper planning. 

Ontario Laws & Legal Requirements for Drafting a Will 

Drafting Wills in Ontario must meet specific legal criteria to be considered valid. Under the Succession Law Reform Act (SLRA), drafting wills trusts in Ontario generally requires the following: 

1. Legal Age & Testamentary Capacity

• You must be at least 18 years old (with exceptions for military personnel or married individuals). 

• You must possess testamentary capacity—the legal mental ability to understand the nature of drafting wills and trust agreements, the extent of your property, and the claims of potential beneficiaries. 

2. Proper Execution

• The will must be in writing (typed or handwritten). 

• It must be signed by the testator (you) at the end of the document. 

• The signing must occur in the presence of two witnesses, both of whom must also sign the will in your presence. 

3. Witness Restrictions

• Beneficiaries and their spouses should not act as witnesses, as this could invalidate their entitlement under the will 

4. Holograph Wills

• Ontario law recognizes holograph wills (entirely handwritten and signed by the testator) without witnesses, but these are highly prone to disputes and should be avoided for complex estates by drafting contract. 

5. Multiple Wills & Secondary Wills

• In Ontario, you can draft Primary and Secondary Wills to deal with assets differently (e.g., to minimize probate fees for private company shares). 

How SR Law Firm Helps Clients with Drafting Wills And Trusts

We specialize in Family Law cases, Estate Planning, Drafting Contract – offering tailored guidance to individuals and families in Toronto, Mississauga, and across Ontario. Whether you’re planning your estate, navigating a family dispute, or facing litigation over a contested will or trust, we are here to help.

Our Services Include:

• Drafting Legally Sound Wills compliant with Ontario law. 

• Creating Trust Agreements to protect assets and ensure proper distribution. 

• Litigation support for will challenges, disputes, and estate claims. 

• Family Law services, including divorce, custody, and support issues that impact estate planning and drafting wills and trust agreements. 

• Guidance on filing probate applications and estate administration. 

• Preparation of all necessary legal documents, including Powers of Attorney for Personal Care and Property. 

• Ensuring full compliance with legal formalities to avoid future disputes or invalidations.

Personalized Estate Planning Approach

To effectively draft wills, we work closely with you to understand your unique family dynamics, financial situation, and future wishes. Our goal is to craft a customized estate plan that reflects your values and protects your family’s best interests.