Create Your Will and Powers of Attorney

+ What is a will?

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

+ Do I really need a will?

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.

+ How do I write my will?

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.

Downtown Notary is partnering with Willful, an online platform that makes it affordable, convenient and easy for Canadians to create a legal will online, with pricing plans starting at $99. Use code DTN20 to save $20 off your plan. Get started today at [Willful.co]

Once you have your will drafted, Downtown Notary can help you with the signing process.

+ Can Downtown Notary draft my will?

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.

Downtown Notary is partnering with Willful, an online platform that makes it affordable, convenient and easy for Canadians to create a legal will online, with pricing plans starting at $99. Use code DTN20 to save $20 off your plan. Get started today at Willful.co .

Once you have your will drafted, Downtown Notary can help you with the signing process.

+ How do I sign my will?

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. One of the witnesses should complete an affidavit of execution before a notary public.

+ Can wills be witnessed remotely?

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. For more information, visit Remote Witnessing of Wills and Powers of Attorney.

+ Does my will need to be notarized?

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 74.8) 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.

+ What is a power of attorney?

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.

+ Do I really need a power of attorney?

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 and do not have a power of attorney, your family 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.

+ How do I write my power of attorney?

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. Downtown Notary is partnering with Willful, an online platform that makes it affordable, convenient and easy for Canadians to create legal powers of attorney online, with pricing plans starting at $99. Use code DTN20 to save $20 off your plan. Get started today at [Willful.co]

Once you have your power of attorney drafted, Downtown Notary can help you with the signing process.

+ Can Downtown Notary draft my power of attorney?

No, we are unable to draft powers of attorney. 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. Downtown Notary 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. Use code DTN20 to save $20 off your plan. Get started today at [Willful.co].

Once you have your power of attorney drafted, Downtown Notary can help you with the signing process.

+ How do I sign my power 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.

+ Does my power of attorney need to be notarized?

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.

Secondly, 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.

+ Can powers of attorney be witnessed remotely?

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. For more information, visit Remote Witnessing of Wills and Powers of Attorney.