Holograph Will in Ontario: Rules, Probate and Form 74F

Last updated: October 19, 2026

Holograph Will in Ontario: Rules, Probate and Form 74F

Quick answer: Yes, a handwritten will can be valid in Ontario. Section 6 of the Succession Law Reform Act says: "A testator may make a valid will wholly by his or her own handwriting and signature, without formality, and without the presence, attestation or signature of a witness." Every word must be in the will-maker's own handwriting, with the signature at the end. A typed or printed will needs two witnesses instead, and no will needs a notary. After a death, the estate trustee proves a holograph will at probate with Form 74F, an affidavit from someone who knows the deceased's handwriting, with the original will attached as Exhibit "A" and filed on paper. A notary commissions that affidavit and marks the exhibit: $24.95 per seal plus HST. Whether a particular handwritten will is valid is a question for an estates lawyer.

This guide is for two readers. The first is thinking about writing a will by hand and wants to know whether Ontario accepts it. The second has found a handwritten will after a death, often in a drawer or a box of papers, and needs to know how the estate gets it through probate.

It covers what the law requires, how a holograph will differs from a witnessed one, what Form 74F says and who should swear it, what happens when a handwritten document falls short, and what a notary does and does not do. It is general information, not legal advice. Questions? Call (613) 434-5555.

Key Takeaways

What Is a Holograph Will?

"Holograph" means written entirely in the author's own hand. In Ontario, a holograph will is a will that the will-maker, called the testator, writes wholly by hand and signs, with no witnesses. People also call it a handwritten will, or a "holographic" will.

A codicil, a short document that changes an existing will, is itself a will, so a holograph codicil follows the same rule. Our guide to a codicil to a will in Ontario covers when a handwritten change works and when it does not.

Is a Handwritten Will Legal in Ontario?

Yes, within limits. The Succession Law Reform Act (SLRA) starts from "A will is valid only when it is in writing" (s. 3). Section 6 then makes the exception for handwriting:

"A testator may make a valid will wholly by his or her own handwriting and signature, without formality, and without the presence, attestation or signature of a witness."

In practice that means three things.

1. All of it in your own handwriting. "Wholly" is the key word. These are not holograph wills:

• a typed or printed will with a handwritten signature;
• a store-bought will kit or an online form with the blanks filled in by hand;
• a will that someone else wrote out for you, even word for word.

Each of those is a formal will, and it needs two witnesses (s. 4(2)).

2. Signed by you, at the end. Section 7(1) accepts a signature placed "at, after, following, under or beside or opposite to the end of the will so that it is apparent on the face of the will that the testator intended to give effect by the signature to the writing signed as his or her will." Section 7(3) adds the limit: the signature does not give effect to anything "underneath the signature or that follows the signature", or to anything "inserted after the signature was made". So a line added below your signature, or a gift squeezed in after you signed, does not count.

3. On paper, not on a screen. An email, a note on a phone or a typed file on a computer is not a holograph will. Ontario's Electronic Commerce Act, 2000 does not apply to wills and codicils (s. 31(1)), and the court's power to rescue an imperfect will in SLRA s. 21.1 is made subject to that section, under the heading "No electronic wills" (s. 21.1(2)).

A document also has to be meant as a will, setting out what should happen when you die. Whether a particular note, letter or list was meant as a will is a legal question, and if the family disagrees, a court decides it.

Holograph Will or Witnessed Will?

With us, a formal will is signed in person in front of two qualifying witnesses, and a spouse or an adult child cannot be one of them. The notary acts as one witness and can bring an additional witness on request (an additional charge applies). The witness can swear the affidavit of execution at the same visit; our free affidavit of execution of a will or codicil template shows what it says.

The SLRA also allows witnessing by video when at least one witness is a licensee of the Law Society of Ontario (s. 4(3)). Minute Notary witnesses wills in person only, on a mobile visit. That is our policy, not a rule of law. See will signing and witnessing, or our guide to a mobile notary for wills and powers of attorney.

Writing a Holograph Will: Practical Points

If you are considering a handwritten will, the safest step is to speak with a lawyer. A lawyer can check the wording, which is where handwritten wills most often leave questions for the family. A notary cannot do that: a notary is not your lawyer here. If you do write one yourself, these points come from the Act:

• Write all of it yourself, by hand. No printed text, no typed schedule, no form.
• Sign at the end, and write nothing after your signature (s. 7(3)).
• Date it. Section 6 does not require a date, but Form 74F identifies the will by its date, and a date helps your estate trustee show which will is your last.
• Changing it later: an alteration to a holograph will takes effect when you sign it in the margin or near the change, or at the end of a note in the will that refers to it (s. 18(2)). Otherwise it has no effect, and it can still invalidate words it makes unreadable (s. 18(1)). Writing a fresh will is often cleaner.
• Revoking it: a will is revoked by a later will made under the Act, by a written declaration made like a will, or by burning, tearing or otherwise destroying it with the intention of revoking it (s. 15). Whether a later handwritten will replaces an earlier typed one entirely, or only in part, depends on its wording.
• Life changes: marriage is not on the s. 15 list as it reads today, and a change in circumstances does not revoke a will by itself (s. 17(1)). A divorce does revoke gifts to a former spouse and their appointment as estate trustee, unless the will shows a contrary intention (s. 17(2)); since January 1, 2022, so can a separation that meets the tests in s. 17(4).
• Keep the original safe and tell your estate trustee where it is. The court needs the original, not a copy. You can also deposit a will with the Superior Court of Justice for safekeeping (r. 74.02).

Caption: A holograph will has to be wholly in the will-maker's own handwriting, signed at the end; no witness and no seal is needed.

Found a Handwritten Will After a Death?

Finding a handwritten will in a drawer, a safe deposit box or a box of letters is common, and the first days matter for the probate later.

1. Leave the original as it is. Do not unstaple it, punch holes in it, write on it or fold it again. The original is what the court receives, attached to Form 74F as Exhibit "A", so it should reach the court in the state you found it.
2. Make a copy for reference and keep the original somewhere safe.
3. Look for other wills and codicils, including typed ones with a lawyer. A later valid will can revoke an earlier one, and the estate trustee has to account for every document.
4. Find who is named as estate trustee. That person usually applies. If a named estate trustee will not act, the court expects a renunciation (Form 74G, r. 74.04(1)(e)); our free renunciation of estate trustee appointment template covers the cases where a plain sworn renunciation is wanted.
5. Think about who knows the handwriting and has no stake in the estate. That person is the best deponent for Form 74F (see below).
6. Speak with an estates lawyer if anything is unclear: missing pages, crossed-out lines, a document that is partly typed, or a family that disagrees.

Probate With a Holograph Will: Form 74F

To deal with the estate, the estate trustee usually applies for a certificate of appointment of estate trustee, or, for a smaller estate, a small estate certificate. Both rules say the same thing about a will in holograph form. Rule 74.04(1)(d) of the Rules of Civil Procedure requires, "if there is a will, the original of the will and of any codicils, attached and marked as an exhibit to" an affidavit, and for a holograph will that affidavit is:

"an affidavit attesting that the handwriting and signature in the will or codicil are those of the deceased (Form 74F)"

Rule 74.1.03(1)(d)(ii) repeats it for small estates.

The form. Form 74F is titled "Affidavit Regarding a Holograph Will or Codicil". The current version is dated November 1, 2023, and has had to be used since April 1, 2024. Download it from Ontario Court Forms as a Word file (rcp-e-74f-1123.docx), or from the estate forms page.

What it says. The deponent states their relationship to the deceased, or their role, and that they have "seen or am familiar with the signature and handwriting" of the deceased. They then state that they have "carefully examined the document dated (insert date), attached and marked as Exhibit 'A' to this affidavit" and believe "the whole of the document text, including the signature, is entirely written in the handwriting of" the deceased. A space at the end allows other relevant facts, such as what the deponent knows about how the will was written or signed. If the deponent compared the will with another document signed by the deceased, the form says to explain that and attach the document as a further exhibit.

Form 74.9 is retired. Older guides, and some competitors' pages, still cite "Form 74.9". That was the number of the "Affidavit Attesting to the Handwriting and Signature of a Holograph Will or Codicil", in use until December 31, 2021. The January 1, 2022 overhaul of the estates forms (O. Reg. 709/21) replaced it with Form 74F, and the court forms archive now lists the old form as obsolete. Use the current Form 74F.

The original goes in on paper. Probate applications can be emailed, but the court's filing instructions are clear: "Original documents filed in support of the application (e.g. wills, codicils, administration bonds, ancillary certificates) and certified copies must be filed in paper format in person or by mail or courier to the Superior Court of Justice location where the application was filed." So the original handwritten will, marked as Exhibit "A" to Form 74F, reaches the court on paper.

Who Should Swear Form 74F

The deponent is someone who has "seen or am familiar with the signature and handwriting" of the deceased, or who has a "role/expertise in authenticating signature and the handwriting of the deceased". It does not have to be a relative, and often it is better if it is not. The form asks the deponent to check each statement that applies:

• they are 18 or older;
• they are not applying to act as estate trustee;
• they are not married to, related to, or in a personal relationship with the applicant;
• they are not named as a beneficiary in the will;
• they do not have a spouse who is named as a beneficiary;
• they do not have a claim to an interest in the estate under the will or under an intestacy.

Any box left unchecked has to be explained. The form's own example: a beneficiary who swears it should explain "the efforts you made to find someone else who had knowledge of the signature and handwriting of the deceased and could give evidence."

So a good deponent is often a long-time friend, a neighbour who received the deceased's letters and cards, a former colleague, or a professional who saw the deceased sign over many years. A child or spouse of the deceased who inherits under the will can still swear it, but has to give that explanation.

Caption: Form 74F is sworn by someone who knows the deceased's handwriting, with the original will marked as Exhibit "A" at the same appointment.

When the Will Is Not Wholly Handwritten: Section 21.1

Some documents fall short of both rules: a kit filled in by hand and signed alone, a typed will with one witness, a handwritten will that is not signed. These are not holograph wills, and they are not formal wills either.

Section 21.1(1) of the SLRA gives the Superior Court of Justice a power to help. If the court "is satisfied that a document or writing that was not properly executed or made under this Act sets out the testamentary intentions of a deceased", it "may, on application, order that the document or writing is as valid and fully effective as the will of the deceased". Under s. 21.1(3) this applies only if the person died on or after the day it came into force: January 1, 2022. It does not reach electronic documents (s. 21.1(2)).

That is a court application, usually brought by an estates lawyer, with its own evidence. A notary's part is at most commissioning affidavits that the lawyer drafts for it.

What a Notary Can and Cannot Do

What a notary can and cannot do: A notary public checks the deponent's government photo ID, administers the oath or affirmation on Form 74F, watches the deponent sign, marks the original will as Exhibit "A" and any other exhibit, completes the jurat and applies the seal. A notary does not draft Form 74F, judge whether the handwriting is genuine or whether the will is valid, decide who should apply or who inherits, or advise on the estate. The evidence in the affidavit is the deponent's; legal questions go to an estates lawyer.

A notary is also not needed to make a holograph will, and sealing one changes nothing about its validity. Our guide to notary vs lawyer in Ontario explains where the line sits, and our overview of wills, estates and the notary's role covers the other estate documents a notary handles.

How the Form 74F Appointment Works

1. The estate trustee or their lawyer prepares Form 74F for the deponent, using the current version, and leaves it unsigned.
2. Request an appointment through our contact page and tell us it is Form 74F, with the original holograph will as Exhibit "A" and any handwriting sample as a further exhibit.
3. We come to you. Form 74F prints a jurat for swearing by video conference under O. Reg. 431/20, but the notary has to mark the original will, which then goes to the court on paper. So the deponent, the original will and the notary usually need to be in one room: a mobile visit, anywhere in Ontario, at home or wherever suits the deponent. If the estate's lawyer holds the original and has given written instructions on how it will be marked, tell us when you book.
4. ID. The deponent shows valid government photo ID in the same name as the affidavit.
5. Oath or affirmation. The deponent chooses, then signs Form 74F in front of the notary.
6. The notary completes the jurat, marks and signs the exhibit stamp on the original will and on any other exhibit, and applies the seal.
7. The estate trustee files it. The sworn affidavit, with the original will attached, goes with the probate application; the original goes to the court on paper.

We are available every day, 8:00 AM to 8:00 PM. Several affidavits for the same estate can be sworn at one visit, each with its own seal.

Three Short Scenarios

A will in a keepsake box. In October, a woman clearing her late father's house in Nepean finds a folded page in a keepsake box: his will, in his handwriting, signed at the end and dated. She is named as estate trustee and is his only beneficiary, so she would have to explain several unchecked boxes on Form 74F. A neighbour of thirty years, a retired teacher who received his notes and Christmas cards, can check them all. On a mobile visit in January, the neighbour affirms Form 74F at her dining table, the notary marks the original will as Exhibit "A", and the daughter's lawyer files the application.

A handwritten will, then a formal one. In April, a widower in Kanata writes a one-page will by hand at his kitchen table and signs it. A few months later he has a lawyer draft a formal will that revokes all earlier wills, and he signs it at home before the notary and a second witness, with the affidavit of execution sworn at the same visit.

A will kit with no witnesses. A family in Scarborough finds a printed will kit, filled in by hand and signed, with no witnesses. It is not wholly handwritten, so it is not a holograph will. Because the death was after January 1, 2022, their lawyer considers an application under s. 21.1.

These are illustrations of common situations, not real clients.

Common Mistakes

• Treating a filled-in kit as a holograph will. "Wholly" handwritten means no printed text.
• Writing below the signature, or adding a gift after signing (s. 7(3)).
• Changing the will without signing next to the change (s. 18(2)).
• Tidying the original after a death: unstapling, punching, writing notes on it.
• Asking a beneficiary to swear Form 74F when a friend without a stake knows the handwriting just as well.
• Using Form 74.9 or the pre-April 2024 version of Form 74F.
• Sending a copy instead of the original. The original will is the exhibit, and it is filed on paper.
• Signing Form 74F before the appointment. It is signed in front of the notary.

Pricing

Frequently Asked Questions

What is a holograph will in Ontario?

A holograph will is a will written wholly in the will-maker's own handwriting and signed by them, with no witnesses. Section 6 of Ontario's Succession Law Reform Act allows it. A handwritten change to a will, a holograph codicil, follows the same rule.

Is a handwritten will legal in Ontario?

Yes, if every word of it is in the will-maker's own handwriting and they sign it at the end. Section 6 of the Succession Law Reform Act says a testator "may make a valid will wholly by his or her own handwriting and signature, without formality, and without the presence, attestation or signature of a witness." Whether a particular handwritten document is a valid will is a question for an estates lawyer.

Does a holograph will need witnesses in Ontario?

No. A will written wholly in your own handwriting and signed by you needs no witnesses (s. 6). A typed or printed will is different: you sign it before two or more witnesses present at the same time, and they sign in your presence (s. 4(2)).

Does a holograph will need to be notarized?

No. No Ontario will needs a notary's seal to be valid, and a seal adds nothing to a holograph will. A notary comes in after a death, when the estate trustee needs the Form 74F affidavit about the handwriting commissioned for probate.

Can I fill in a will kit by hand and call it a holograph will?

No. A holograph will must be wholly in your own handwriting. A printed form with blanks filled in by hand is not, so sign it before two witnesses present together, as for any other formal will. If a kit was signed with no witnesses and the person has died, talk to an estates lawyer.

How do you probate a holograph will in Ontario?

The estate trustee applies for a certificate of appointment of estate trustee, or a small estate certificate, and files the original handwritten will attached and marked as an exhibit to Form 74F, an affidavit attesting that the handwriting and signature are the deceased's (rules 74.04(1)(d)(ii) and 74.1.03(1)(d)(ii)). The original will goes to the court on paper.

Who can swear Form 74F?

An adult who has seen or is familiar with the deceased's signature and handwriting, or who has expertise in authenticating handwriting. The form asks the deponent to confirm they are not applying as estate trustee, not related to the applicant, not a beneficiary and have no claim on the estate, and to explain any of those boxes they cannot check.

Is Form 74.9 still used for a holograph will?

No. Form 74.9, "Affidavit Attesting to the Handwriting and Signature of a Holograph Will or Codicil", was in use until December 31, 2021. Since January 1, 2022 the form is Form 74F, and its current version, dated November 1, 2023, has had to be used since April 1, 2024.

Can Form 74F be sworn online?

The form prints a jurat for swearing by video conference under O. Reg. 431/20. But the original handwritten will is attached as Exhibit A and filed with the court on paper, so the deponent, the original and the notary usually need to be in one room. Minute Notary does that on a mobile visit anywhere in Ontario; tell us when you book.

What if the handwritten will is not wholly handwritten or not signed?

Then it is not a holograph will under section 6. For deaths on or after January 1, 2022, the Superior Court of Justice may, on application, order that a document that was not properly executed is valid as the will if it sets out the deceased's testamentary intentions (s. 21.1). That is a court application for an estates lawyer, not a notary appointment.

How much does it cost to have Form 74F commissioned?

Minute Notary charges $24.95 per seal plus HST. The original will marked as Exhibit A counts as one extra stamp, so a Form 74F with the will attached is two stamps, $49.90 plus HST. A mobile visit adds a $60 travel fee per trip within 30 km of our nearest office in Ottawa or Toronto; beyond that, an additional travel fee applies.

Final Recommendation

If you are writing a will, a handwritten one is lawful in Ontario only when every word is yours and your signature closes it, and even then a lawyer's review is the best protection for your family. A formal will, signed before two qualifying witnesses with the affidavit of execution taken at the same visit, leaves less for your estate trustee to prove later.

If you have found a handwritten will, keep the original exactly as it is, look for any other wills, and choose a Form 74F deponent who knows the handwriting and has no stake in the estate. The notary commissions the affidavit and marks the original as Exhibit "A"; the estate trustee files it on paper; questions about validity, other wills or a section 21.1 application go to an estates lawyer.

Book Your Appointment

Need Form 74F commissioned for a holograph will, or a formal will witnessed? Minute Notary comes to you anywhere in Ontario, $24.95 per seal plus HST and the travel fee.

• Request an appointment: Contact us
• Call: (613) 434-5555
• Service page: Will signing and witnessing
• Free template: Affidavit of execution of a will or codicil
• Hours: Every day, Saturday and Sunday included, 8:00 AM to 8:00 PM (Ottawa time)

Sources

• Succession Law Reform Act, R.S.O. 1990, c. S.26, ss. 3, 4, 6, 7, 12, 15, 17, 18 and 21.1
• Rules of Civil Procedure, R.R.O. 1990, Reg. 194, rr. 74.02, 74.04 and 74.1.03
• Form 74F, Affidavit Regarding a Holograph Will or Codicil (November 1, 2023), Word file
• Ontario Court Forms: Estate forms under Rules 74, 74.1 and 75
• Ontario Court Forms: Rules of Civil Procedure forms archive (obsolete Form 74.9)
• Ontario Court Forms: Recent estate court form and rule amendments
• Ontario Court Forms: Filing electronic documents in probate proceedings
• Ontario: Apply for probate of an estate
• Electronic Commerce Act, 2000, S.O. 2000, c. 17, s. 31
• O. Reg. 431/20: Administering Oath or Declaration Remotely