Making a Will in Toronto, Ontario
Last updated 2026-06 · Ontario
Canada's largest city, home to roughly 2.8 million people, also has the country's busiest estates court — yet the rules for making a will in Toronto are the same province-wide rules that apply across Ontario. Here's what Torontonians need to know to get it right.
What a valid will requires in Toronto
Ontario's Succession Law Reform Act governs every will made in Toronto. A standard will must be in writing, signed by you at the end, and signed in front of two witnesses present at the same time who are not beneficiaries (or married to one). You must be at least 18 and of sound mind. Ontario also recognizes a fully handwritten holograph will, which needs no witnesses — useful in a pinch, riskier long term. Fully electronic, e-signed wills are not clearly valid in Ontario, so print and sign on paper.
Probate and cost in Toronto
Toronto estates are probated through the Ontario Superior Court of Justice estates office serving the city. Ontario charges an Estate Administration Tax of about 1.5% on the value above $50,000 — roughly $14,250 on a $1,000,000 estate, among the highest in Canada. Given Toronto's real-estate values, naming beneficiaries on RRSPs, TFSAs, and insurance, and holding property in joint tenancy where appropriate, can meaningfully reduce what passes through probate.
If you die without a will in Toronto
Intestacy hands everything to Ontario's formula: a married spouse takes the first $350,000 plus a share, and — critically — a common-law partner inherits nothing. With Toronto's large common-law population, that gap alone makes a will essential for many couples.
Getting started
For a simple estate, a reputable Ontario online will signed with two witnesses is often enough; for blended families, businesses, or larger Toronto estates, see an estate lawyer. Pair your will with Powers of Attorney for Property and Personal Care.
Frequently asked questions
How much does a will cost in Toronto? A simple lawyer-drafted will is usually a few hundred dollars; online wills cost less. How much is probate in Toronto? About 1.5% of the estate above $50,000 — roughly $14,250 on a $1M estate. Do common-law partners inherit in Toronto without a will? No — only a will protects a common-law partner in Ontario.
Not legal advice. General information about Ontario law as of 2026. Confirm specifics with a Toronto estate lawyer.
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