A person who watches the testator sign and signs in turn.
In Islamic law
Islamic practice values two upright witnesses to a bequest. The Canadian rule adds a disqualification the classical rules approach differently.
In Canadian law
Most provinces require two. A beneficiary — or a beneficiary's spouse — should never witness, because the gift to them may be void even though the will stands.
We have not yet researched whether the four Sunni schools differ on this term, so we are not going to tell you either way. Where a specific case turns on it, ask a qualified scholar rather than relying on a general summary.
Canadian legal detail
Treadstone Law, an Ontario firm with a wills and estates practice, covers the Canadian side of this in more depth:
- Does ontario require witness to sign in testators presence
- Can a beneficiary be a witness in ontario
- Can a beneficiary witness a will ontario
This is legal information only. For advice on your own circumstances, speak to a lawyer.
Citations & sources
Every factual claim on this page traces to a source below. Details change — check the original source before relying on any figure, fee or legal position. Anything under “further reading” is related material, not a source for what is stated here.
- Does ontario require witness to sign in testators presence — Treadstone Law
- Can a beneficiary be a witness in ontario — Treadstone Law
- Can a beneficiary witness a will ontario — Treadstone Law
- Can i require my lawyer sign off on title before closing — Treadstone Law
- Wills & estates practice — Treadstone Law