Wills & Power of Attorney Explained
Estate planning isn't just for the wealthy. Every Ontario adult should have a Will and Powers of Attorney to protect themselves and their loved ones.
Why You Need a Will
If you die without a will in Ontario (intestate), the Succession Law Reform Actdecides how your assets are distributed — and it may not match your wishes.
- Your spouse may not receive everything automatically.
- Common-law partners inherit nothing under intestacy rules.
- The court appoints an estate trustee (administrator) — which causes delays and expense.
- Minor children's guardianship is decided by the court, not by you.
Types of Power of Attorney
| Type | What It Covers | When It Takes Effect |
|---|---|---|
| Continuing POA for Property | Financial decisions — banking, real estate, investments | Immediately (or when triggered, if specified) |
| POA for Personal Care | Health care, housing, nutrition, safety decisions | Only when you become mentally incapable |
What Happens Without a POA?
If you become incapacitated without a POA, someone must apply to the court for guardianship. This is expensive, time-consuming, and stressful for your family. The court may appoint someone you wouldn't have chosen.
Common Misconceptions
- “My spouse automatically gets everything.” — Not necessarily. Ontario law has specific distribution rules.
- “I'm too young for a Will.” — If you own property, have dependents, or have any assets, you need one.
- “A POA lets someone control me.” — No. A POA only activates under conditions you define (or upon incapacity for personal care).
Getting Your Documents Done
A licensed paralegal or lawyer can prepare your Will and POAs efficiently and affordably. We offer fixed-fee packages so you know the cost upfront.
Ready to protect your family?
Book a Free Consultation