WILLS & POWER OF ATTORNEYS

person reading an application in front of their family lawyer

Wills & Power of Attorneys Lawyer in Whitby

In Ontario, anyone over the age of eighteen (18) years can prepare a Will provided the person does not suffer from any mental impairment. Despite that, it often gets overlooked. Without a will, the Succession Law Reform Act decides who inherits your assets, which may not align with your desires. At Shuter Law, we help you create a clear and legally sound will, including Sharia-compliant wills.

What can be included in a will in Ontario?

A will ensures your wishes are honoured and avoids any conflicts within your family pertaining to division of property and assets. Without a will, your assets could be inherited by unintended beneficiaries and overall prolong the process.

Distribution of Assets: Specify who will receive your property, including real estate, money, investments, and personal belongings.
Guardian for Minor Children: Appoint a guardian to care for your minor children if both parents are deceased.
Executor of the Will: Choose a trusted person to manage your estate, who will carry out your wishes.
Specific Bequests: Detail any specific items or amounts of money you want to leave to particular individuals or organisations.
Trusts: Set up trusts for minor children or beneficiaries who may need assistance managing their inheritance.
Debts and Taxes: Provide instructions for paying any outstanding debts and taxes from your estate.
Charitable Donations: Allocate part of your estate to charities or causes that are important to you.
Funeral and Burial Wishes: Include your preferences for funeral arrangements and burial or cremation.
Digital Assets: Specify what should happen to your digital assets, such as social media accounts, online businesses, and digital files.
Business Interests: Detail what should happen to any business interests you own, including succession planning.
Pets: Designate a caretaker for your pets and allocate funds for their care.

What is a Power of Attorney?

A Power of Attorney (POA) is a legal document that grants someone you trust the authority to make decisions on your behalf if you become unable to do so. You can choose from General Power of Attorney (to manage financial affairs), Limited Power of Attorney (for limited time or specific tasks), and Enduring Power of Attorney (remains effective even if you become mentally incapacitated). Our lawyers will advise you in the right direction, whether you need a POA temporarily or for a long term.

Secondary Wills in Ontario

Ontario residents with private company shares or other assets that do not require probate can structure their estate more efficiently by holding two separate wills.

This approach ensures that certain assets stay outside the probate process. It is recommended when beneficiaries would otherwise face a significant estate administration tax.

Avoid probate on private assets: Shares in a private corporation, personal property, and certain loans can all be administered without court involvement.

Reduce estate administration tax: Ontario probate fees are calculated against the total value of your estate. With a second will, you can remove high-value private assets from that calculation.

Protect business continuity: Your executor gains the ability to transfer business interests quickly, without waiting on court approval to proceed.

Greater privacy for select assets: Probated wills become public record in Ontario, whereas assets administered outside the probate process keep both their value and their intended beneficiaries confidential.

Our will lawyers at Shuter Law are here to guide you through the process. Please request a free consultation today.

A lawyer signing a document in their office

At what age should I get a will and power of attorney?

Any Ontario resident 18 years or old should have a will and power of attorney, especially if you have a substantial amount of assets to your name. A power of attorney becomes critical once illness, injury, or incapacity could affect decision making.

How does marriage, separation, or divorce affect an existing will in Ontario?

Marriage revokes a prior will unless the will was made in contemplation of marriage. Separation does not revoke a will, but it can create conflicts. Divorce revokes gifts and executor appointments to a former spouse. Powers of attorney remain valid unless expressly revoked and should always be reviewed.

Can I appoint different people for executor, attorney for property, and attorney for personal care?

Yes. Ontario law allows you to appoint different individuals for each role. If your goal is to reduce conflicts, then it is a sound decision. Financial expertise suits an attorney for property, while trust and judgment matter most for personal care decisions.

What legal risks arise if I name only one child as executor or power of attorney?

Allegations of undue influence or claims of unfair treatment could arise from this decision. If you plan to assign one of your children as executor or power of attorney, discuss it with your family, resolve their concerns and doubts, and create accountability provisions with your lawyer to lower the risks.

Can my power of attorney sell my home or manage investments without court approval?

An attorney for property may sell real estate and manage investments without court approval if the power of attorney grants that authority. However, the attorney must act in your best interests and follow statutory duties.

What documents and decisions should be finalized before meeting a wills and power of attorney lawyer?

Before your appointment, you should identify intended beneficiaries, executors, and attorneys for property and personal care. Prepare a clear list of assets, liabilities, business interests, and digital accounts. Consider guardianship for minor children, succession planning, and any cultural or religious requirements.