Ontario rewrote key parts of its will rules in 2022, and many Ottawa families haven't caught up. Here are the seven rules that matter most today, in plain language. This is general information, not legal advice.
1. A will doesn't cover your lifetime
A will speaks only after you die. If an accident or illness leaves you unable to decide for yourself, your will does nothing. That's the job of two powers of attorney: - Property: your attorney pays your bills, collects money owed to you, manages investments, and can maintain or sell your home. - Personal care: your attorney makes decisions about your health care, housing and daily life.
Without an attorney for property, your family, including your spouse, can't automatically step in. They may have to go to court. You must be mentally capable and at least 18 to sign a power of attorney for property, or 16 for personal care.
2. Marriage no longer cancels a will, but check the date
Until the end of 2021, marriage in Ontario automatically revoked an earlier will, unless the will was made in contemplation of that marriage. That rule was repealed on January 1, 2022.
The repeal isn't retroactive. A 2025 Ontario Superior Court decision confirmed that a marriage before 2022 still revoked a will made before it. If you married before 2022 and haven't signed a will since, you may have no valid will at all. If you married after 2022, your old will still stands, including gifts that may not mention your new spouse.
3. Separation now matters
For spouses who separate on or after January 1, 2022, Ontario can treat the separated spouse as if they died before you. Gifts to them, and their appointment as executor, are revoked unless your will says otherwise. The rule applies only if conditions are met, such as three years living apart because the marriage broke down, or a separation agreement, court order or family arbitration award, and you were still separated at death.
Divorce has a similar effect. Don't rely on either rule. Update your will.
4. Signing: two witnesses, or a video call
An Ontario will must be in writing. You have two main options: - A holograph will, entirely in your own handwriting and signed by you. No witnesses needed. - A formal will, signed at the end in front of two witnesses present at the same time, who then sign.
Witnessing by live video is permanent law in Ontario, as long as at least one witness is a lawyer or paralegal licensed by the Law Society of Ontario. Fully electronic wills still aren't recognized.
5. Who you choose as a witness can cost a gift
A gift to a witness, or to a witness's spouse, is generally void, although the rest of the will still stands. Never ask a beneficiary, or a beneficiary's partner, to witness your will.
Since 2022, a court can validate a document that wasn't signed properly if it shows your real intentions. That's a safety net that costs your family a court application, not a plan.
6. No will means Ontario writes one for you
Without a will, the intestacy rules decide who inherits, in a fixed order: spouse and children first, then parents, siblings, nieces and nephews, and more distant relatives. If there are children, a married spouse takes the first $350,000 before the rest is shared. Friends and charities get nothing.
7. Probate tax: the real numbers
Estate Administration Tax, often called "probate tax", applies only if an estate certificate is applied for. For applications made on or after January 1, 2020: - $0 on an estate worth $50,000 or less; - $15 for every $1,000 (or part of $1,000) above $50,000.
A $500,000 estate pays $6,750. The estate trustee must also file an Estate Information Return within 180 days after the certificate is issued. Some assets, such as an RRSP or TFSA with a named beneficiary, or property passing automatically to a surviving joint owner, aren't counted. (Figures you may see elsewhere, such as 1.5% or "$7,000 on $500,000", are out of date.)
Bonus: your power of attorney may already be "on"
Many people think a power of attorney for property "switches on" only if they lose capacity. Not in Ontario: unless the document says otherwise, your attorney can act as soon as it's signed. If you want it to start only on incapacity, the document must say so. Ontario offers a free kit, but recommends a lawyer if you own a business, have a difficult family situation, or own property in another province or country.
Your 15-minute checklist
Did you marry before 2022 without signing a new will? Book a review.
Separated, divorced, or in a new relationship? Book a review.
No powers of attorney? Sign both together with your will.
Did a beneficiary witness your will? Ask a lawyer.
New child, new home, new business, or a move? Time to update.
Talk to us
Francis Lawyers specializes in wills and estates: three of our lawyers, J. Paul Francis, Marie-Luise Francis and Baljinder Kaur Basi, practise wills and estate planning. Expert advice, backed by five decades of practice: our founder, J. Paul Francis, established the firm in 1974 and still practises wills and estate administration.
"We have worked with Francis Lawyers for over 25 years and have to say we are satisfied with what is delivered. They have a team of lawyers for all ranges of professional legal work and are great in all areas from creating contracts, to purchasing or selling of commercial and residential real-estate as well as creating wills and estate planning. A legal team that caters for all your needs and advises you the right way." G.B., client testimonial, francislawyers.ca/testimonials
You can work with us in French or German with Marie-Luise Francis, and in Punjabi or Hindi with Baljinder Kaur Basi. See our wills service page and powers of attorney page, or call (613) 226-1011 to book a consultation. Please don't send confidential details through the website form.
Frequently asked questions
Does getting married revoke a will in Ontario? Not since January 1, 2022. A marriage before that date generally revoked a will made before the marriage.
Can a will be witnessed by video in Ontario? Yes, if at least one of the two witnesses is a lawyer or paralegal licensed by the Law Society of Ontario.
How much is probate tax on a $500,000 estate in Ontario? $6,750: nothing on the first $50,000, then $15 for every $1,000 above that.
When can my attorney for property start acting? As soon as the power of attorney is signed, unless the document says it applies only if you become mentally incapable.
This article is general information about Ontario law as of October 10, 2026. It isn't legal advice. Written by the lawyers of Francis Mehr LLP, licensed by the Law Society of Ontario. Francis Mehr LLP (Francis Lawyers), 1390 Clyde Ave, Suite 200, Ottawa, ON K2G 3H9.
