Gale Law
Estate Lit Blog
October 21st, 2025
The courts are filled with cautionary tales of DIY wills gone awry. It’s a story estate lawyers know all too well: someone decides to “save a few bucks” by writing their own will — only for the family to end up spending thousands in legal fees after their death.
While homemade wills might seem like a simple solution, the reality is far more complicated. The law sets out strict requirements for how a will must be made, and even the smallest misstep can leave your loved ones in legal limbo.
Under Ontario’s Succession Law Reform Act (SLRA), a will is valid only if it meets specific formalities. In short, it must:
- Be in writing
- Be signed at the end by the testator (the person making the will) or by someone in their presence and by their direction
- Be witnessed by two or more people present at the same time when the testator signs or acknowledges their signature
- Be signed by both witnesses in the testator’s presence
In 2021, the law was updated to allow wills to be signed and witnessed remotely using audiovisual technology — but at least one of the witnesses must be a lawyer or paralegal licensed under the Law Society Act. Each person must sign identical copies (known as “counterparts”) so that the documents together form one valid will.
There’s one exception: a holograph will — a will entirely written and signed in the testator’s own handwriting — doesn’t need witnesses. These are often scribbled on paper at the last minute, but they carry their own risks.
In estate law, good intentions don’t count — execution does. If you are considering writing your own will, remember:
- You must comply with every formal requirement of the SLRA. Witnesses cannot be beneficiaries or married to one.
- Signatures, page order and dating all matter.
- Handwritten (“holograph”) wills should be used only in emergencies.
- Even if a court can validate an imperfect document, there’s no guarantee it will.
When homemade wills go wrong—
Homemade wills often fail not only because of signing mistakes but because of poor drafting. Ambiguous wording, missing residuary clauses and failure to consider contingencies (such as a beneficiary dying first or a child being under 18) can lead to partial intestacy — meaning parts of the estate are distributed under Ontario’s default succession laws.
Even something as simple as naming “the kids” without specifying which children, or leaving assets “to my spouse” without clarifying if a common-law partner is included, can spark bitter disputes. In blended families, these issues are magnified.
Another common problem is that DIY wills rarely consider tax planning, executor powers or guardianship provisions for minors. Homemade documents can also unintentionally disinherit loved ones or expose the estate to claims for support under the Dependants’ Relief provisions of the SLRA.
The false economy of doing it yourself—
People often assume that hiring a lawyer to prepare a will is expensive. In truth, it’s one of the most cost-effective forms of legal insurance. A well-drafted will does far more than distribute assets — it minimizes taxes, prevents conflict and ensures your wishes are carried out smoothly. By contrast, a defective homemade will can cost your family thousands of dollars and months (or years) in court.
