A will is a legal document that sets out who will inherit their estate (their property, possessions and other personal items) when someone dies.

Yes, every person should have a will, even if they don’t have a lot of assets.

If you die without a will, Ontario’s law will determine how your estate is distributed, regardless of what your wishes may be. Your family and loved ones will also have to go through a lengthy (and sometimes expensive) court process to have your estate distributed. Having a will ensures your wishes will be respected and will save your loved ones a lot of work.

The most common way to create a valid will is to speak with a lawyer who specializes in wills or estates.

You can also use a will kit or an online will service to write your will.

Notarize.ca proudly partners with Willful, which makes it affordable, convenient and easy for Canadians to create a legal will online, with pricing plans starting at $99.

Use this link to save 10% off your Willful plan: Try Willful

No, at this time our services are limited to witnessing wills and we are unable to draft wills. You can either use an online will drafting service like Willful or contact an estate planning lawyer for assistance.

Once you have written your will, you will need to sign it and have it witnessed to ensure it is valid. This is also called “executing your will.” In Ontario, you must sign your will in front of two witnesses who are not the executor (the person assigned to administer your will) or their spouse, or a beneficiary or their spouse. The witnesses must also sign the will.

Yes! Wills for Ontario can be witnessed remotely and in counterpart. You and your witnesses would mean on videoconference to sign your will. “In counterpart” means the witnesses can sign separate copies of the will. All copies of the will together create a single legal document. Once a will is signed in counterpart, it is immediately valid.

Generally, wills do not need to be notarized, meaning signed and sealed by a notary.

However, it is generally recommended that one of the witnesses swear an affidavit of execution in front of a notary or commissioner for taking oaths. This affidavit (also known as Ontario Court Form 74.D) is available for free download from the Ontario Court Forms website. This affidavit confirms that the witness saw the person making the will sign it in front of them. When an executor applies to the courts to validate a will (a process called “probate”), they should file the affidavit of execution with the probate application. While it may be possible to probate a will without an affidavit of execution, it will likely make the process more difficult and lengthy.

An affidavit of execution is not a legal requirement, and your will is valid without one. However, if your will needs to go through probate (the process in which the court formally approves your will as legally valid), the court will require an affidavit of execution.

If an affidavit of execution is not completed when the will is witnessed, it can be difficult to find one of the witnesses to complete the affidavit of execution, especially if a long time has passed since the will was signed and witnessed. We complete an affidavit of execution for every will we witness remotely to save you and your loved ones hassle and stress when your will is most needed.

No, wills for Ontario cannot be signed electronically. They must be signed in ink.

Yes. On April 19, 2021, the Ontario Government changed the Succession Law Reform Act to permanently allow the remote witnessing of wills in counterpart.

A power of attorney is a legal document that gives someone else - your “attorney” - the power to act on your behalf.

A power of attorney for personal care lets your attorney make personal care decisions on your behalf if you become mentally incapable of making them for yourself. Your attorney becomes your substitute decision-maker for making personal care and medical decisions, such as whether you will receive or decline certain medical treatments.

A continuing power of attorney for property lets your attorney manage your financial affairs and allows the person you name to act for you even if you become mentally incapable. This includes managing your bank accounts, making bill and rent payments and making purchases on your behalf.

Yes, every person should have a power of attorney. It’s the easiest way to ensure that your directives for your property and health care are followed, and that decisions in your best interest are made.

If you are incapacitated due to illness or injury and do not have a power of attorney, your family and loved ones may have a very difficult time taking care of your property and finances and making medical decisions on your behalf. They may need to seek legal advice, or take additional legal action to be able to make decisions on your behalf. This can become extremely complicated and costly.

You can speak to a lawyer who specializes in estates for help with creating your power of attorney.

You can also use the Ministry of the Attorney General’s free Power of Attorney Kit

Another option is to use an online platform to write your POAs. Notarize.ca is partnering with[ Willful, an online platform that makes it affordable, convenient and easy for Canadians to create a legal powers of attorney online, with pricing plans starting at $99. Click this link to save 10% off your Willful plan: Try Willful

Not, at this time our services are limited to witnessing powers of attorney.

For your power of attorney to be legally valid, you must sign it in the presence of two witnesses. The witnesses must also sign the power of attorney. The witnesses can’t be the attorney or their spouse or partner; your spouse, partner, or child, or someone that you treat as your child; a person whose property is under guardianship or who has a guardian of the person; or a person under the age of 18.

Yes! Powers of attorney for Ontario can be witnessed remotely and in counterpart. You and your witnesses would mean on videoconference to sign your power of attorney. “In counterpart” means the witnesses can sign separate copies of the power of attorney. All copies of the power of attorney together create a single legal document.Once a power of attorney is signed in counterpart, it is immediately valid.

It is not a legal requirement for your power of attorney to be notarized, but there are very good reasons to get it notarized anyway.

First, notarizing your power of attorney assures others that the signature on the document is genuine and the documents are legitimate. This makes it less likely that the validity of your power of attorney will be questioned.

Second, many financial institutions, like banks, will not accept powers of attorney for property unless they are notarized. If you’re not sure what your bank’s requirements are, we suggest that you contact them for more information.

A notarial certificate states the circumstances in which your power of attorney was signed and witnessed. A notarial certificate is not a legal requirement, and your power of attorney is valid without one.

However, many institutions and organizations request a notarial certificate so they can understand how the power of attorney was signed. Notarize.ca completes a notarial certificate for every POA we witness remotely to ensure your power of attorney will be accepted when it is most needed.

No, wills for Ontario cannot be signed electronically. They must be signed in ink.

Yes. On April 19, 2021, the Ontario Government changed the Substitute Decisions Act to permanently allow the remote witnessing of powers of attorney in counterpart.