Wills & Powers of Attorney in Ontario: a plain-English guide
You don’t need a mansion or a complicated life to need a Will and Powers of Attorney (POA). A Will speaks after you die. POAs protect you while you’re alive if you can’t act for yourself. Together, they’re your “plan A” and “plan B.”
Will vs. the two POAs (quick definitions)
Will: decides who handles your estate (executor/estate trustee) and who gets what.
POA for Property: lets someone you trust manage money/finances if you can’t.
POA for Personal Care: lets someone make health and care decisions if you’re incapable.
What makes a Will valid in Ontario?
It’s in writing, signed by you in front of two witnesses who also sign. (A fully handwritten holograph Will is another route and doesn’t need witnesses.)
Don’t use a beneficiary (or their spouse) as a witness. The Will can survive, but that person’s gift can be void—avoid the headache and pick neutral witnesses.
What makes a POA valid?
You sign in front of two witnesses who also sign.
Certain people cannot witness: your attorney or their spouse/partner, your spouse/partner, your child (or someone you’ve treated as a child), anyone under 18, or someone under guardianship.
Remote (video) signing that actually counts
Ontario permanently allows remote witnessing of Wills and POAs by video if you meet the rules:
At least one witness is an LSO licensee (Ontario lawyer or paralegal).
All signatures are made contemporaneously (everyone signs during the same video session).
No extra prescribed steps beyond that (today).
(Background: the emergency order that started this—O. Reg. 129/20—is reflected in permanent legislation; the counterpart method is acceptable.)
Can I e-sign my Will or POAs?
No. Ontario’s Electronic Commerce Act explicitly excludes Wills and Powers of Attorney. Even with remote witnessing, you still use wet-ink signatures on paper.
Picking the right people
Executor (Will): organized, responsive, and comfortable with banks/courts.
Attorney for Property: financially responsible; available to act quickly.
Attorney for Personal Care: knows your values; calm in medical decisions.
Tip: name backups and tell everyone where originals are kept.
What we include at Vanguard Law
Lawyer-drafted Will tailored to family, assets, guardians, and backup plans.
POA for Property + POA for Personal Care, with clear powers and limits.
Remote or in-person signing plan with proper witnesses and an easy step-by-step.
Plain-English summary + digital copies; one round of edits within 30 days.
Ready to start? Book a 15-minute intake. We’ll map decisions, draft fast, and set up a seamless signing—video or in person.
Common mistakes (and quick fixes)
Using a beneficiary as a witness. Fix: pick two neutral adults.
No POAs. A Will doesn’t help if you’re alive but incapable—get both POAs.
Assuming Zoom = e-sign. Remote is allowed, but still paper signatures.
No storage plan. Keep originals safe; let your executor/attorneys know where.
Never updating. Review after big life changes (marriage, separation, kids, new home or business).
Timeline & cost (what to expect)
POAs: typically a few business days after intake.
Will + POAs: usually 5–7 business days once decisions are set.
Rush? Ask—we’ll prioritize urgent health or travel situations.
Quick checklist
Choose your executor and backups.
Pick your attorneys (property + personal care) and backups.
List specific gifts and residue beneficiaries.
Decide guardianship for minors (and alternates).
Book a signing with neutral witnesses (or a compliant remote session).
General info for Ontario only; not legal advice. If you want us to tailor clauses (trusts for minors, blended families, business interests), we’ll scope it in your intake.