Wills & Powers of Attorney

A valid, properly drafted will and comprehensive Powers of Attorney are the essential building blocks of any estate plan. Without these documents, critical decisions about your estate and your personal care may be made by people you would not have chosen, under legal frameworks that do not reflect your wishes. At Goldstone Law Professional Corporation, we prepare Wills, Powers of Attorney for Property, and Powers of Attorney for Personal Care for clients across Ontario, ensuring that your documents are legally valid, clearly expressed, and tailored to your individual circumstances.

Why Every Ontario Adult Needs a Will

If you die without a valid will in Ontario — a situation known as dying intestate — your estate will be distributed according to the Succession Law Reform Act’s intestacy rules, regardless of your actual wishes. The intestacy rules follow a fixed formula, distributing your estate among your surviving spouse and children (or other relatives if you have no spouse or children). These rules may not reflect how you would have wanted your assets distributed, and they can create practical complications for your family. A will allows you to direct exactly how your assets will be distributed, appoint the person you trust most as your estate trustee (executor), make specific gifts of personal property with sentimental value, provide for charitable bequests, and — critically — name a guardian for your minor children.

Types of Wills We Draft

Simple Wills

A simple will is appropriate for individuals with straightforward estates — a primary residence, registered accounts, bank accounts, and personal property — and a clear intention to leave everything to a spouse and then equally to children. Simple wills are cost-effective and ensure that your fundamental wishes are legally protected.

Complex Wills

Complex wills are appropriate for individuals with more complicated estates, including business interests, investment properties, significant assets, blended families, beneficiaries with special needs, or international assets. A complex will may include testamentary trusts, tax planning provisions, and specific directions regarding the administration of the estate.

Multiple Wills — A Critical Estate Planning Tool in Ontario

Ontario is one of the few jurisdictions in Canada where the use of multiple wills — a primary will and a secondary will — is a recognized and effective estate planning strategy. Assets that are subject to probate (the formal court process of validating a will and authorizing an executor to act) are dealt with in the primary will. Assets that do not require probate — such as private company shares — are dealt with in the secondary will. Because Ontario’s Estate Administration Tax (probate fees) is calculated as a percentage of the value of the estate passing through the primary will, segregating high-value non-probatable assets into a secondary will can result in significant tax savings. For business owners and investors with substantial private company interests, the tax savings from a properly structured dual-will estate plan can be substantial.

Powers of Attorney for Property

A Power of Attorney for Property is a legal document that authorizes a person you designate (your attorney) to manage your financial affairs on your behalf. A continuing Power of Attorney for Property remains effective even if you become mentally incapable, which is the most important situation in which it will be needed. Without a continuing Power of Attorney for Property in place, if you become incapacitated, your family may need to apply to the Ontario Superior Court of Justice for a guardianship order to manage your financial affairs — a process that is time-consuming, expensive, and emotionally taxing. A properly drafted Power of Attorney for Property avoids this outcome.

Powers of Attorney for Personal Care

A Power of Attorney for Personal Care (sometimes called a health care proxy or personal care directive) authorizes a person you designate to make decisions about your housing, medical care, hygiene, nutrition, and other aspects of your personal well-being if you become mentally incapable of making those decisions yourself. This document is particularly important in the context of medical decision-making. Without a Power of Attorney for Personal Care, healthcare providers will follow a hierarchy of substitute decision-makers established by Ontario’s Health Care Consent Act — which may not result in the person you would have chosen making decisions on your behalf.

Preparing Your Will: What You Need to Consider

Before meeting with us to prepare your will, it is helpful to gather certain information and make certain decisions, including: who you wish to name as your estate trustee (executor) and an alternate executor; who you wish to name as the guardian of any minor children; how you wish your estate to be distributed; whether you wish to make any specific gifts; whether you wish to make charitable bequests; and whether you own any assets that may require specific planning, such as a business interest or property in another jurisdiction. We take the time to understand your full situation before preparing your documents, ensuring that the documents we prepare reflect your actual intentions and are structured to minimize unnecessary complexity and expense for your estate.

Frequently Asked Questions — Wills & Powers of Attorney

How often should I update my will?

As a general rule, you should review your will every three to five years, or whenever a significant life event occurs — such as a marriage, separation or divorce, the birth or adoption of a child or grandchild, the death of a beneficiary or executor, a significant change in your assets, or the purchase or sale of a business. In Ontario, marriage automatically revokes an existing will unless the will was made in contemplation of that specific marriage.

What makes a will legally valid in Ontario?

For a will to be legally valid in Ontario under the Succession Law Reform Act, it must be in writing, signed at the end by the testator (the person making the will), and witnessed by two witnesses who are present at the same time. The witnesses must also sign the will in the presence of the testator. A beneficiary or the spouse of a beneficiary should not serve as a witness. Holograph wills (wills entirely in the handwriting of the testator and signed by the testator) do not require witnesses but carry their own risks.

Can I write my own will in Ontario?

Technically, a holograph will — written entirely in your own handwriting and signed by you — is valid in Ontario without witnesses. However, drafting your own will carries significant risks. A will that is unclear, incorrectly structured, or that fails to account for important legal requirements may create ambiguity, disputes, and unnecessary cost and delay in estate administration. Given the importance of the document and the relatively modest cost of professional preparation, having a lawyer draft your will is strongly advisable.

Contact Goldstone Law today to schedule your estate planning consultation. We prepare Wills and Powers of Attorney for clients throughout Ontario with care, clarity, and professionalism.