Your will
Your will names the executor who will settle your estate, the guardian for any young children, and who receives what. It can set up trusts, leave specific gifts, and say what happens to your share of a business.
If you own shares in a private corporation, we may recommend a primary and a secondary will, so the shares can usually pass without probate or Estate Administration Tax. How two wills work.
Your two powers of attorney
Ontario generally uses two kinds of power of attorney:
- A continuing power of attorney for property, which covers money, investments, bills, taxes and real estate.
- A power of attorney for personal care, which covers health care, housing and other personal decisions.
Without them, a relative may have to apply to the court or to the Office of the Public Guardian and Trustee before acting for you. The difference between the two.
Older wills deserve a second look
Since January 2022, getting married in Ontario no longer cancels an existing will, and in some cases a spouse you have separated from is treated as if they died before you for gifts in your will. A will made years ago may not say what you want today.
It is also worth reviewing your will after a birth, a death, a move, buying or selling a business, or a big change in what you own.
Signing them correctly
How a will is signed matters as much as what it says. Each document is signed in front of two witnesses, and some people, including your spouse and the people who benefit, should not act as witnesses. We walk you through it, in person or by video.
Common questions
Is a will from another province or country valid in Ontario?
Often it is, but it may not work well with Ontario property or Ontario rules. If you have moved here, a review is a good idea.
Can my power of attorney be the same person as my executor?
Yes. Many people choose the same person, but you don’t have to. You can also name more than one person and a backup.
How long does it take?
Once we have the information we need, a straightforward will and powers of attorney usually take a few weeks from first meeting to signing. More complex plans take longer, and we will tell you the timeline with your quote.
This page is general information about Ontario law, not legal advice for your situation.