# Making a will in Ontario — procedure, documents, legitimacy, and the one thing the online services miss (25 Oct 2026)

## 1. The procedure, per the statute
Ontario's *Succession Law Reform Act*, R.S.O. 1990, c. S.26:

- **s.3** — a will must be in writing.
- **s.4(2)** — a will is valid only if (a) it is **signed at its end** by the testator; (b) the testator makes
  or acknowledges that signature **in the presence of two or more attesting witnesses present at the same
  time**; and (c) **two or more of those witnesses subscribe** the will in the testator's presence.
- **s.4(6)** — no particular attestation clause is required.
- **s.4(3)** — since 2021, witnesses may attend by **audio-visual technology**, but only if **at least one
  witness is an LSO licensee** (a lawyer or paralegal) and everything is contemporaneous. Two neighbours on a
  video call does **not** work.
- **s.6** — **holograph wills**: a will "wholly by his or her own handwriting and signature, without
  formality, and without the presence, attestation or signature of a witness" is valid. Ontario courts apply
  this literally (Rezaee (Re), 2020 ONSC 7584; McGrath v. Joy, 2022 ONCA 119).
- **s.7(3)** — anything written **underneath or after the signature** gets no effect. So the signature must
  genuinely be the last thing on the page.
- **s.12** — a witness (or their spouse) who is also a beneficiary **loses the gift**. Never have a child,
  Kiratee, or a child's spouse witness the will.

**The practical sequence:** decide the executor and guardian → list assets → draft → sign in one sitting with
two independent adult witnesses who are not beneficiaries, all three in the room, everyone initialling any
page that isn't the signature page → store the original.

## 2. Documents and decisions required
- **Original signed will** — not a photocopy, not a PDF. Probate needs the original.
- **Executor** and one alternate, with their full legal names and addresses.
- **Guardian** for Erish and Aira, and an alternate — this is the single most important clause while the kids
  are minors, and it is the one thing a DIY questionnaire handles badly.
- **Trust terms for the children's shares**: at what age each child gets control (18 is common and usually
  wrong; 25 or 30 with staged payouts is the standard lawyer recommendation), and who administers the trust.
- **Asset list with values**: the home, RRSPs/TFSAs, the clinic corporation shares, vehicles, bank accounts,
  and — critically — **which assets have named beneficiaries** (RRSP/RRIF/TFSA/life insurance pass outside the
  will and are not governed by it).
- **Residue clause** — who gets everything not specifically listed.
- **Storage**: original in a fireproof safe or the lawyer's vault, with the executor told exactly where it is
  and how to get it.

## 3. Is an online/DIY will as legitimate as a lawyer's? — the honest answer
**On validity: yes, if executed correctly.** Ontario has no notarization requirement and no mandatory lawyer.
A properly signed and witnessed Willful or LegalWills document is a valid will, and a holograph will written by
hand is valid too.

**The difference is what is in it, and what happens after death:**
- Courts have flagged the gap directly: with a holograph or DIY document there are no lawyer's notes, no
  reading-over, no supervised execution, and no witnesses who can later testify about capacity
  (McGrath v. Joy, 2020 ONSC 7454, para 35). Those records are what defeat a challenge.
- A bad clause is worse than no clause. The classic online-service failure for his exact situation is a
  **single will that names the private corporation's shares in the estate** — see the next section, which is
  the most expensive mistake available here.

## 4. The item that actually decides this — his clinic corporation
Ontario **Estate Administration Tax is $15 per $1,000 (1.5%) of estate value above $50,000.** Shares of a
private corporation held in a single will are counted in full.

| Value of probate assets | EAT with one will |
|---|---|
| $150,000 | $1,500 |
| $300,000 | $3,750 |
| $600,000 | $8,250 |
| $900,000 | $12,750 |

A **primary will + secondary will** structure keeps the corporation's shares in the secondary will, which is
not probated — so they never enter that calculation. GTA lawyers quote **$500-$1,500 extra** for the second
will. **The break-even is a share value of roughly $150,000**: above that, the secondary will pays for itself
immediately, and at $900,000 of holdco shares it saves **$12,750 of EAT against roughly $1,500 of fees**.

**None of LegalWills, Willful, Epilogue or LawDepot offers a secondary will.** That, not the price, is the
reason an online will is the wrong instrument for someone who owns a professional corporation.

## 5. What a will in the GTA costs right now (2026 published flat fees)
| Provider | Will only | Will + both POAs, one person | Couple, wills + all POAs |
|---|---|---|---|
| LegalWills.ca (online) | **$49.95** | $99.95 (Premium package) | **$79.95** two wills / **$149.95** two Premium |
| Willful (online) | $129 | $199 | $349 |
| Epilogue (online) | $139 | $199 | $269 |
| Oathstone Law (Markham) | $500 + HST | $700 + HST | **$1,200 + HST** |
| Barbarian Law | $750 + HST | $1,000 + HST | $1,600 + HST |
| Wannes Law (Toronto) | $750 + HST | $1,000 + HST | **$1,750 + HST** |
| Angrove Law | $795-$1,295 | $995-$1,495 | $1,595-$2,295 |

Industry benchmark (eState Planner's Estate Practice Report): the **average spousal estate plan is $1,450
nationally and $1,750 in Toronto/GTA**; 91% of estate lawyers now charge flat fees.

## 6. Recommendation
**A lawyer-drafted couples plan with a primary and secondary will** — roughly **$1,600-$1,750 + HST** in the
GTA. The gap between that and a $149.95 online plan is about **$1,450-$2,145**. If the clinic shares are worth
more than ~$150,000, the secondary will alone returns that on day one through saved EAT, before counting the
guardianship and trust clauses for two children under 7.

If he wants a stopgap this week instead: a **LegalWills couples will at $79.95** executed properly is a valid
will and is far better than nothing — but it will need to be redone once the corporation shares go in, and
that is a second set of fees.

Sources: Succession Law Reform Act ss.3, 4, 6, 7, 12 (ontario.ca/laws/statute/90s26); Rezaee (Re), 2020 ONSC
7584; McGrath v. Joy, 2022 ONCA 119 and 2020 ONSC 7454; legalwills.ca/Prices and legalwills.ca/pricecomparison
(competitor prices checked 18 Oct 2026); Oathstone Law 2026 Ontario will price guide; Wannes Law; Angrove Law;
Barbarian Law; eState Planner Estate Practice Report pricing guide; Ontario Estate Administration Tax
($15/$1,000 above $50,000).