Holographic Wills

What is a Holographic Will?

Holographic Wills (or holograph Wills) are a specific type of handwritten Will. They have a key advantage over other Wills in that they do not require any witnesses. To qualify as a holographic Will, a document must be exclusively written in the hand of a deceased person and signed.  Handwritten Wills have been and will continue to be accepted as valid Wills by Ontario courts, provided that they meet holographic Will requirements. 

Handwritten Wills are often informal.  For example, a suicide note was riddled with profanity, spelling, and grammar errors, but the Ontario Court of Appeal still validated the note as a holograph Will and admitted it into probate.

Requirements of Holographic Wills

1. Exclusively Handwritten by the Testator
   The first requirement for holographic Wills is that they must be entirely written by a testator (the deceased person). This may need to be proven by comparing prior handwriting and having witnesses testify to the authenticity of the handwriting.
2. Signed by the Testator
   The second requirement for holographic Wills is that they must be signed by the testator. The signature must be at the end of the document.  Anything written after the signature is not part of the holographic Will.

Handwritten Wills Not Written by the Deceased

If a handwritten Will is not written by a deceased person, it may still be a valid Will if it meets the formalities for non-holographic Wills.  This means that the handwritten Will must have been:

• in writing;
• signed by the testator; and
• signed by the testator in the presence of, and signed, by two witnesses.

Validating Handwritten Wills

Validating Non-Compliant Wills

A new law, section 21.1 (1) of the Succession Law Reform Act, allows the Court to validate an otherwise non-compliant Will.

If it is a true representation of the deceased’s intention, a non-compliant handwritten Will can:

• cancel an old Will;
• alter an old Will; or
• revive an old Will that has been revoked.

Probate for Holographic Wills

What if the Handwritten Will is Not Valid?

If a handwritten Will is not valid and cannot be validated by section 21.1, an estate will be administered based on the last valid prior Will, if one exists. To learn more about probate with a Will, click here.

When a handwritten Will is not valid, cannot be validated, and there is no prior Will, this means the testator died without a Will (intestate). When this happens, the distribution of the estate will be based on intestacy laws. To learn more about intestate probate, click here.

We Can Help You Probate Your Holographic Will in Ontario

At Katzman Estate Law: 

• We only practice estate law and do not dabble.
• We are estate litigators who often argue estate dispute matters in Ontario Courts.
• We charge a flat fee for most holographic will probate applications. 
• We represent both individuals and trust companies. 
• We have offices in Toronto, Windsor, Chatham, and Sarnia.

Why call Katzman Estate Law?

• We focus only on estate law and are capable of handling complicated estate administration, probate services, and estate disputes in need of litigation.
• A handwritten Will typically provides less guidance than a Will drafted by a lawyer, and executors administering holographic Wills will need more guidance. 
• Ontario estate law has existed for over 100 years, but it does evolve.  Katzman Estate Law stays on top of changes to the law.
• We offer free consultations and present a plan before asking for a retainer.  We also provide initial opinions as to whether a handwritten Will is valid, or can be validated by section 21.1, before we ask for a retainer. 

What is the first step? 

Call 416-616-4242 or 519-256-7130 for a conversation with a Katzman Estate Law lawyer.  We provide free phone consultations and can assist anyone with an Ontario probate matter.