Wills, powers of attorney and trusts, drafted properly so the people you love are not left with a legal mess.
If you die without a valid will in Ontario, a fixed formula in the Succession Law Reform Act decides who inherits, and the court decides who manages your estate. A properly drafted will and powers of attorney remove that uncertainty.
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Wills, powers of attorney and probate are provincial matters, so these are Ontario's rules: the Succession Law Reform Act, the Substitute Decisions Act and the Estate Administration Tax Act. Each was checked against the current law and the province's official guidance. Our guide on how to make a will in Ontario goes step by step.
A typed or printed will must be in writing and signed at its end, in front of two witnesses who are present at the same time and who then sign it in front of you. Witnessing by video is allowed only if at least one witness is an Ontario lawyer or paralegal. A will written entirely in your own handwriting and signed by you is valid without witnesses.
If a witness, or a witness's spouse, is named as a beneficiary, the gift to them is void unless two other witnesses who are not beneficiaries or their spouses also signed, or a court is satisfied there was no improper or undue influence. The rest of the will survives either way.
Since 1 January 2022, getting married no longer cancels an existing will. And where married spouses separated on or after that date, for example by signing a separation agreement or by living apart for three years that began after that date, gifts to the separated spouse and their appointment as executor are treated as if that spouse had died first, unless the will says otherwise, provided you were still living apart when you died.
If you die without a will, Ontario law decides who inherits. For deaths since 1 March 2021, a married spouse with no children or other descendants takes everything; with descendants, the spouse takes the first $350,000 of the estate's net value and then half of the rest if there is one child, or a third if there are more. A spouse you had separated from, under the same test that applies to wills, does not share. An unmarried partner has no automatic share, though they may be able to claim support from the estate.
A continuing power of attorney for property covers your finances, and an attorney can use it right away unless the document says otherwise. A power of attorney for personal care covers health care, housing and daily life. Each must be signed in front of two witnesses. Your attorney, your attorney's spouse or partner, your own spouse or partner, your children or anyone you treat as your child, anyone under guardianship and anyone under 18 cannot witness it.
Probate is the court process that confirms an estate trustee's authority. It is normally needed when the estate includes real estate or money held by a bank or other financial institution. An estate worth $150,000 or less can use the simpler small estate certificate.
When a court issues the certificate, the estate pays nothing on the first $50,000 and $15 for every $1,000, or part of $1,000, above that. Ontario's own example: a $240,000 estate pays $2,850. The estate trustee must also file an estate information return within 180 days after the certificate is issued, even if no tax is owed.
Under Ontario Disability Support Program policy, a true absolute discretionary trust, often called a Henson trust, is not counted as an asset, whatever its value. Payments out can still count as income beyond the exempt amounts, and a person on ODSP cannot put their own inheritance into one.
Sources, checked 3 October 2026
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Preparation of a straightforward will that names your beneficiaries and estate trustee and sets out how your property is distributed.
A complete package for one person: a simple will, a Power of Attorney for Property, and a Power of Attorney for Personal Care.
A couples package with two mirror wills plus powers of attorney for property and personal care for both partners.
Drafting and execution of Powers of Attorney for Property and Personal Care, for someone who already has a will or does not need one yet.
A will designed for people who own private corporation shares or business assets that need separate estate-planning treatment.
Drafting of a family trust for families, business owners, professionals or investors who want to hold or transfer property through a trust.
Planning for families leaving assets to a loved one with a disability, using a fully discretionary (Henson) trust, which ODSP does not count as an asset when it is properly drafted.
Preparation of the court application for a Certificate of Appointment of Estate Trustee (probate), which is normally needed when the estate includes real estate or money held by a financial institution.
A consultation for executors and beneficiaries on how an estate actually gets administered: debts, taxes, distributions, timelines and the legal duties an estate trustee takes on.
Review of concerns about a will or an estate: capacity, undue influence, executor conduct or a distribution that does not add up, with honest advice on whether a challenge is worth it.
Review or preparation of guardianship materials for property or personal care when an adult can no longer manage on their own and no power of attorney exists.
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Probate is the court process that confirms who has legal authority to manage a deceased person's estate and, if there is a will, that it is the valid last will. In Ontario you apply to the Superior Court of Justice for a Certificate of Appointment of Estate Trustee, or a Small Estate Certificate if the estate is worth $150,000 or less. It is not always needed, but it normally is when the estate includes real estate or money held by a bank. Our probate fees guide works through the tax.
An Ontario will must be in writing. A typed or printed will must be signed at the end by you, in front of two witnesses who are present at the same time, and both witnesses must then sign while you watch. Witnessing by video is allowed only if one witness is an Ontario lawyer or paralegal. A will written entirely in your own handwriting and signed by you is valid without witnesses. Do not use a beneficiary, or a beneficiary's spouse, as a witness, because the gift to them can be void.
No. Ontario law does not require a lawyer. A will is valid if it meets the formal rules: in writing, signed at the end and witnessed by two people present together, or written entirely in your own handwriting and signed. If a rule is missed, someone has to ask a court to accept the paper document, which is possible only for deaths on or after 1 January 2022 and never for a purely electronic will. A lawyer is most useful where your family, your assets or your business make the wording matter.
A continuing power of attorney for property lets someone handle your finances, such as paying bills, managing investments or selling your home, and can be used right away unless the document says otherwise. A power of attorney for personal care lets someone make decisions about your health care, housing and daily life if you cannot. Each must be signed in front of two eligible witnesses. Our power of attorney guide covers who can and cannot witness.
Ontario's official forms are free. The province links to a kit from the Office of the Public Guardian and Trustee and to a free online tool from Community Legal Education Ontario. There is no single Canada-wide form, because powers of attorney are provincial, and the law does not require a particular form. Whatever you use, it must be signed in front of two eligible witnesses.
A Henson trust gives the trustee absolute and sole discretion over whether to pay anything to a beneficiary. Ontario's ODSP policy says a true absolute discretionary trust is not counted as an asset, whatever its value, although payments out can count as income beyond the exempt amounts, such as up to $10,000 in any 12 months for any purpose. It has to be set up by someone else, for example in a parent's will. Families leaving money to someone who receives or may need ODSP should have the wording reviewed.
Written by our editorial team and grounded in Canadian law, so you can walk into any conversation prepared.
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Wills & Estates