01
What a will does
A will is the document that names the person who will settle your affairs, says who inherits what, and, if you have children under 18, names who you would want to raise them.
Without one, Ontario's Succession Law Reform Act decides all three questions for you. The people who inherit under those rules are not always the people you would choose, a common-law partner is not included at all, and someone has to apply to the court to be appointed before anything can be done. What happens if you die without a will in Ontario.
02
Powers of attorney: the two documents most people are missing
A will does nothing while you are alive. If an illness or accident leaves you unable to make decisions, your family needs two other documents.
Continuing Power of Attorney for Property
Names the person who can manage your money, pay your bills, deal with your bank and, if necessary, sell your home. Without it, a family member may need to apply to the court to be appointed your guardian of property, which is slower and more expensive than signing a document in advance.
Power of Attorney for Personal Care
Names the person who makes decisions about your health care, where you live and your daily care, and lets you record your wishes about treatment. Both documents can name a backup, and both can be limited or made conditional.
We prepare the will and both powers of attorney together, because the three documents are designed to work as one plan.
03
Choosing your estate trustee
The estate trustee, often called the executor, is the person who applies for probate, collects the assets, pays the debts and taxes and distributes what is left. It is a real job. Choose someone organised, likely to outlive you, and willing. Name an alternate. If your first choice lives outside Ontario, tell us, because that can affect the court's bond requirement and the estate's tax residency.
04
Signing it properly
Most wills that fail in Ontario fail on formalities, not intentions. A typed will must be signed at the end by the person making it, in front of two witnesses present at the same time, who then sign as well. A beneficiary or the spouse of a beneficiary should not witness. Since 2022, Ontario courts can validate a document that does not meet every formality if it clearly records the person's final wishes, but relying on that means a court application your family should not need.
Virtual witnessing by video is permitted when a licensed lawyer or paralegal is one of the witnesses. We offer both in-office and video signings.
05
When to update an existing will
- Marriage, separation or divorce. Marriage no longer revokes a will in Ontario, but separation and divorce can cancel gifts to a former spouse.
- A new child or grandchild, or a child reaching adulthood
- Buying or selling a home or business, or a significant change in what you own
- The death or incapacity of a named trustee, guardian or beneficiary
- Moving to Ontario from another province or country, where the old will may not deal with Ontario assets well
06
Islamic wills
For clients who want their will to follow Islamic inheritance principles while remaining valid under Ontario law, we prepare a dedicated Islamic will. It sets out the shares in a way an Ontario court and an Ontario bank can apply. Learn how we prepare Islamic wills.
07
How it works
- Free 15-minute call. You tell us about your family and what you own. We tell you what documents you need and quote a flat fee.
- Planning meeting, in person in Oakville or by video, in English or Arabic. We go through the decisions: who acts, who inherits, guardians, backups and any special wishes.
- Draft for review. You read the documents at home and ask anything.
- Signing meeting. We witness the documents properly and give you signed originals with guidance on where to keep them.
Fees are flat and quoted before you retain us. How our fees work.
Questions about wills and powers of attorney
A typed will must be signed by the person making it at the end of the document, in the presence of two witnesses who are both present at the same time and who also sign. A beneficiary, or the spouse of a beneficiary, should not act as a witness. A will written entirely in the testator's own handwriting and signed, called a holograph will, does not need witnesses.
Yes. Ontario now permits wills and powers of attorney to be witnessed by audio-visual communication, provided at least one witness is a licensed lawyer or paralegal and the technical requirements are followed. We offer this for clients who cannot attend the office.
Not any more. Since January 1, 2022, getting married no longer revokes an existing will in Ontario. A marriage before that date may have revoked an earlier will under the old rule, and separation and divorce can still affect gifts to a former spouse, so a will should be reviewed whenever a relationship changes.
A will only takes effect after death. A power of attorney works while you are alive: a Continuing Power of Attorney for Property lets someone manage your finances, and a Power of Attorney for Personal Care lets someone make health and living decisions, if you become unable to make them yourself.
We quote a flat fee, in writing, before you retain us. The fee depends on whether it is a single will or wills for a couple, whether powers of attorney are included, and whether the plan involves trusts or a business. There is no charge for the first 15-minute call.
Review it after any major change: marriage, separation, a new child or grandchild, a death in the family, buying or selling a home or business, or moving to another province or country. A review every five years is sensible even if nothing obvious has changed.