Which of the following is NOT a legal requirement for a valid will in Ontario?

In Ontario, a valid will must fulfill several legal requirements, but witnessing is a specific requirement that hinges on the number of witnesses and their qualifications. The correct answer here indicates that witnessing is not strictly required if the will is made in accordance with certain statutory provisions, such as those applicable to holograph (handwritten) wills.

A valid will must indeed be in writing, signed by the testator, and while it is typically beneficial and necessary for formal wills to be witnessed by at least two individuals to ensure authenticity and reduce the potential for disputes, there are scenarios—particularly with handwritten wills—where such witnessing may not be necessary. This flexibility allows individuals to create valid wills even without witnesses, as long as the will conforms to the requirements established for that type of will. Thus, the option indicating that witnessing is a non-requirement aligns with these specific legal nuances in Ontario's estates law.

In contrast, being in writing and signed by the testator are both foundational essentials for the legitimacy of any will, ensuring clear expression of intent and preventing issues such as fraud or misinterpretation. The requirement for a will to be dated is also instrumental for determining its validity, particularly in situations where multiple wills may exist.