In Ontario you can either do a conventional will or holographic will
Also known as the English Law Will. It is the most common form of Will and is recognized by all the provinces (in Ontario under the Succession Law Reform Act).
The following requirements apply to the Conventional Will:
- It must be signed by the testator (i.e. person who makes the will) in the presence of two witnesses. Witnesses cannot be the beneficiaries or spouses of the beneficiaries
- The testator must be mentally capable and cannot be a minor,
A holograph Will is a handwritten will. The entire Will must be in the handwriting of the testator and signed by the testator. No witness is necessary. A typed Will with testator’s signature is not accepted as a legal holograph Will.
Holograph Wills are valid in Ontario. It is not recommended as it may create legal complications. But it is useful in emergency situation.
Interesting example of a holographic will:
On June 8, 1948 in Saskatchewan, Canada, a farmer named Cecil George Harris who had become trapped under his own tractor carved a will into the tractor's fender. It read "In case I die in this mess I leave all to the wife. Cecil Geo. Harris" The fender was probated and stood as his will. The fender is currently on display at the University of Saskatchewan College of Law law library