Handwritten wills, also known as holograph wills, often surface when someone passes away unexpectedly or without formal legal assistance. While these wills may appear informal or incomplete, Ontario law does recognize them—under certain conditions.
At Kimel Law Group, we often encounter cases where family members are unsure whether a handwritten note, letter, or journal entry left by the deceased counts as a valid will. The answer depends on the specific circumstances and whether the document meets Ontario’s legal standards.
What Is a Holograph Will?
A holograph will is a will that is entirely handwritten and signed by the testator (the person making the will), without witnesses. Under Section 6 of Ontario’s Succession Law Reform Act, a holograph will is legally valid if it is wholly in the testator’s handwriting and signed at the end.
When Is a Handwritten Will Valid in Ontario?
To be valid, a handwritten will must meet the following criteria:
• Entirely handwritten by the testator
• Signed at the bottom by the testator
• Clearly intended to express the testator’s final testamentary wishes
If these elements are met, the court can accept the document as a legally binding will. However, issues often arise around clarity, authenticity, and interpretation, especially if no lawyer was involved in its preparation.
Risks and Challenges of Handwritten Wills
Even though handwritten wills can be valid, they carry several risks:
• Ambiguity – The language used may be unclear, leading to disputes over the meaning or intent.
• Lack of Witnesses – Without witnesses, it’s easier for someone to allege the will was forged or created under duress.
• No Legal Advice – Handwritten wills may not account for complex issues like taxation, guardianship of children, or proper distribution of assets.
• Higher Likelihood of Litigation – Beneficiaries or excluded individuals are more likely to challenge holograph wills, which can lead to costly court proceedings.
When Are Handwritten Wills Most Common?
We often see handwritten wills in emergency situations—for example, when someone is ill, travelling, or passes away suddenly. These documents can act as a stop-gap but should never replace proper estate planning.
In some high-profile Ontario cases, courts have accepted scraps of paper, unsent letters, or notes found near the deceased as valid wills—provided they met the legal threshold. However, each situation is fact-specific, and results vary widely.
Best Practices
• If you’re considering writing your will by hand, seek legal advice. A formally prepared will is far more secure and less prone to litigation.
• If you’ve discovered a handwritten will after someone has died, don’t assume it’s invalid—but have it reviewed by an estate lawyer immediately.
• If multiple wills exist (e.g. one typed, one handwritten), determining which is the final and valid will often requires court interpretation.
Handwritten wills can be legally binding, but they’re not ideal. The risk of confusion, challenge, or unfair outcomes is significantly higher than with a properly drafted will. At Kimel Law Group, we assist clients in both preparing secure wills and resolving disputes involving handwritten or unclear documents.
If you’ve encountered a handwritten will and aren’t sure what steps to take, contact us today for guidance.