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WILLS & POWERS OF ATTORNEY

Wills and powers of attorney

Plan ahead, so your wishes are clear to your family and the people you trust can act for you when it matters.

WILLS

A will that says what you want

A will names your executor, sets out who receives your property, and can name a guardian for your minor children. It gives your family clear instructions at a difficult time.

When to make or update a will

  • You have children or grandchildren
  • You buy a home or other property
  • You marry, separate or start a new relationship
  • You own property or accounts outside Canada
  • Your will is several years old

A new will

Name your executor, decide who receives your property, and name a guardian for minor children.

Review and update

Bring an existing will up to date after a marriage, separation, new child, move or property purchase.

Wills for couples

Matching wills for spouses and partners, prepared and signed at the same appointment.

POWERS OF ATTORNEY

Choose who can act for you

Ontario has two kinds of power of attorney. Many people make both at the same time as their will.

Continuing power of attorney for property

Lets the person you choose manage your money, bank accounts and property, including if you become mentally incapable.

Power of attorney for personal care

Lets the person you choose make decisions about your health care, housing and daily care if you become unable to make them yourself.

Need someone to act for you on one specific matter, such as selling a property while you are abroad? A specific power of attorney may be enough. See notary services.

HOW IT WORKS

Four simple steps

  1. 1

    Book a time

    Call the office. Appointments are available on weekdays and on Saturdays by appointment.

  2. 2

    Talk it through

    We discuss your family, your property and your wishes, and who you trust to act for you.

  3. 3

    Review the draft

    Your documents are prepared and explained so you can confirm everything is right.

  4. 4

    Sign

    You sign in front of two witnesses, as Ontario law requires. We explain who can act as a witness.

WHAT TO BRING

To your appointment

  • Government-issued photo ID
  • Full names of your executor and any backup executor
  • Full names of the people who will receive your property
  • Names of guardians for minor children, if any
  • A general list of your property, accounts and debts
  • Any existing will or power of attorney

WILLS AND POWER OF ATTORNEY QUESTIONS

What happens if I die without a will in Ontario?

Your property is divided according to Ontario's rules for estates without a will, which may not match what you would have wanted, and a court has to appoint someone to manage the estate. A will lets you choose your executor and your beneficiaries.

Does getting married cancel my will in Ontario?

Not any more. Since January 1, 2022, marriage no longer cancels an existing will in Ontario. It is still a good idea to review your will after marrying, separating or having a child.

What is the difference between the two powers of attorney?

A continuing power of attorney for property lets the person you choose manage your money and property, including if you become mentally incapable. A power of attorney for personal care covers decisions about your health care, housing and daily care if you become unable to make them yourself.

Who can witness my will or power of attorney?

Ontario law requires two witnesses. Some people cannot act as witnesses, for example a beneficiary or a beneficiary's spouse for a will, and your attorney, spouse, partner or child for a power of attorney. We explain who can witness before you sign.

How often should I review my will?

Review it every few years and after major life events, such as marriage, separation, the birth of a child, buying property or moving.

General information only, not legal advice.

SPEAK WITH THE OFFICE

Ready to plan ahead?

Call the office to book an appointment for your will or powers of attorney.