Signing your will is not enough. To be legally valid in Ontario, your will must be properly executed — signed by you in front of two qualifying witnesses who also sign. Most people don't know that execution is where things go wrong. This guide covers everything you need to know.
Execution is the formal signing process that makes your will legally valid. A will that has been drafted but not properly executed has no legal effect — it is just a document.
In Ontario, execution is governed by the Succession Law Reform Act, R.S.O. 1990, c. S.26. The Act requires that your will be in writing, signed by you at the end, and signed by two witnesses who are both present at the same time when you sign.
The signing ceremony itself takes about 10 minutes. The preparation — finding the right witnesses, arranging a notary for the affidavit — is where most people get stuck.
Under Ontario law, your two witnesses must each be:
Good witnesses are neighbours, colleagues, or friends who are not named anywhere in your will. A witness who is also a beneficiary does not automatically void the will, but their gift may be voided — so it is always safer to choose witnesses with no financial interest in your estate.
An affidavit of execution is a sworn statement by one of your witnesses confirming that your will was properly signed and witnessed. In Ontario this is Form 74.8 under the Rules of Civil Procedure.
The affidavit is not required for your will to be valid. But it is required when your will goes to probate — and without one, your executor may need to track down your witness years later, which can be impossible if that person has moved, become incapacitated, or died.
Getting the affidavit done at the time of signing costs nothing extra with Willbeing and removes this burden permanently.
You can sign your will anywhere you choose, provided your witnesses are present. Common options include:
Willbeing clients sign their wills at any Canada Notary location in Ontario — free for all Willbeing packages. Same day and next day appointments are available. The notary completes the affidavit of execution at the same appointment. You only need to bring your two witnesses.
Standalone will execution costs at an Ontario notary typically range from $75 to $225 depending on the practice. This does not include the affidavit of execution, which is charged separately — often another $50–$100.
With Willbeing, execution is included in every package at no extra charge. There is no separate notary fee, no separate affidavit fee, and no separate appointment booking fee. One price covers the full process.
This is one of the most important changes in Ontario estates law in recent years. As of January 1, 2022, marriage no longer automatically revokes a will in Ontario.
Prior to 2022, getting married revoked any existing will unless it was made in contemplation of that specific marriage. This caught many people off guard — they married, assumed their will was still valid, and died with an unintended intestacy.
Under the current law, your existing will survives marriage. However, if you made your will before January 1, 2022, the old rule may still apply to your document depending on when it was drafted. Always review your will after any major life change.
These are the execution errors Ontario estates lawyers see most frequently: