Wills and Powers of Attorney

We generally provide POA assistance but our wills service is limited.

We help clients write wills and powers of attorney (POA) – two tools commonly used in estate planning. We can also advise beneficiaries on the impact inheritance may have on their entitlement to ODSP and OW.

What is a Will?

A person’s will is a written document that sets out their wishes about how their estate should be distributed after death. 

In a will, you will appoint an executor. This is the person who will be ‘in charge’ of your estate when you die. The executor will carry out your instructions and make sure your estate is managed according to your wishes.

In a will, you will also name beneficiaries who will inherit a share of your estate after all your debts have been paid.

Dying without a will is called ‘dying intestate.' Dying intestate means that you left no instructions as to how your property is to be divided and distributed. In this case, the Ontario Succession Law Reform Act sets out how your property will be distributed to your surviving relatives. Even if you want your property divided according to provincial law, you should still have a will because it will reduce delays and expenses involved in wrapping up your affairs.

What is a Power of Attorney?

A Power of Attorney is a legal document in which you give someone you trust (called your “attorney”) the right to make decisions for you if you are no longer able to make decisions on your own.

There are two types of Power of Attorney:

Power of Attorney for Personal Care – the person you name can make decisions about your health care, housing and other aspects of your personal life (such as meals and clothing) if you become mentally incapable of making these decisions.

Power of Attorney for Property – the person you name can make decisions about your financial affairs (including paying your bills, collecting money owed to you, maintaining or selling your house, or managing your investments).

You don’t have to create a power of attorney. But if something happens to you and you don’t have one, other arrangements will have to be made. A family member may have the right to make certain personal care decisions, and can apply to become the guardian of your property. Alternatively, someone else — like a close friend — could apply to the court to be authorized to act for you.

The Steps to Justice website offers step-by-step information about wills, powers of attorney and other common legal problems.