Will & POA Appointment in Ontario: What to Expect

If you've been meaning to make a will for years, there's a good chance that part of the reason is not knowing what actually happens. Will you be judged for what you own? Do you need to bring a lot of paperwork? Will it take weeks? This is what an appointment with us looks like, from the first call to signing.

Before you come

You don't need to prepare much, but a little thinking makes the meeting more useful. It helps to have a rough idea of:

• Who you'd trust as your executor (called an estate trustee in Ontario), and who could take over if they can't.
• Who you'd want to look after your children if you couldn't, if they're under 18.
• Who you'd like to inherit, and whether any gifts or charities should be included.
• Who you'd trust to manage your money and your health decisions if you couldn't, which is the job of your attorneys under your powers of attorney.

Our free Will & POA checklist walks you through these questions with space for notes. You don't have to finish it, and you don't have to have final answers. Most people change their mind during the conversation.

What to bring

• Photo ID, such as a passport, PR card or driver's licence
• A list of what you own and owe, in Canada and abroad, with rough values
• Names and dates of birth of your spouse, children and other close family
• Any existing will or power of attorney, including ones signed in another country
• Beneficiary details for your insurance, RRSP and TFSA
• Any written guidance from your scholar, if you want an Islamic will

The conversation

The meeting is mostly a conversation. We ask about your family, your home, your savings, any business you own, and any property or accounts in other countries. We ask about your wishes and worries. There are no wrong answers, and nobody is shocked by a complicated family or a modest estate.

Along the way we explain the things most people don't know, such as:

• What happens if you die without a will, and why it often isn't what people expect
• That a married spouse can choose to take an equalization of family property instead of what a will leaves them, and that a dependant can ask the court for support if the will doesn't provide for them
• That RRSPs, TFSAs, insurance and jointly owned property can pass outside your will altogether
• How a trust can hold a child's inheritance until they're older, rather than handing it over at 18
• The difference between a power of attorney for property and a power of attorney for personal care

If you have property in another country, we tell you where an Ontario will may not be the right tool, and where you may need advice there. If you want an Islamic will, we draft to follow the shares you and your scholar have decided on, in a form that works under Ontario law.

The documents

After the meeting we prepare your will and your powers of attorney. You read them, ask questions and ask for changes. We'd rather you change your mind now than discover a problem later. Most clients finish everything in one or two meetings. Complicated situations, such as blended families, a business or property in several countries, can take longer.

Signing

An Ontario will has to be in writing and signed by you in front of two witnesses who are present at the same time and who also sign. A witness, or a witness's spouse, shouldn't be a beneficiary. Powers of attorney also need two witnesses, and some people can't be witnesses, including your spouse or partner, your children and the attorney you're naming.

If travelling to an office is hard, you may be able to sign by video. Ontario allows it if at least one witness is a lawyer or paralegal licensed in Ontario and everyone can see and hear each other in real time.

After you sign

• Keep the original will somewhere safe, and tell your executor where it is.
• Give copies of your powers of attorney to the people you've named.
• Review your documents when life changes: a separation, a new child, a death in the family, a new home or business, or a move to another country.

A typical example

Take a couple in their thirties with two young children, a mortgage and parents living overseas. They arrive worried they've left it too late. In the first meeting we cover who would care for the children if both parents died, mirror wills so that each partner leaves the other the estate with a backup plan, powers of attorney naming each other with an adult sibling as backup, and whether the children's inheritance should be held in trust until they're older. They leave with a clear plan and a short list of questions to think about. This is a composite example, not a real client.

Questions worth asking any lawyer

• What will the total fee be, and what's included? Does it include HST and disbursements?
• Who will I be dealing with, and how can I reach you if I have questions later?
• Who keeps the original documents, and how do I get them back?
• Will you review my plan if my situation changes?
• If I own property in another country, what do I need to do there?

Common worries

"I don't have much." You still have a home, savings, a car, or children who depend on you. A will also names who looks after your children.

"My family situation is complicated." That's exactly when a lawyer helps most. We deal with blended families, estranged relatives and second marriages regularly.

"I'm not sure who to choose." We talk through the qualities that matter, and how to name a backup. You don't have to decide in the room.

"What will it cost?" Our fees are on our wills and powers of attorney page, and we confirm your exact fee in writing before we start.

Ready to book your appointment?

We prepare wills and powers of attorney for families in Mississauga, Brampton, Oakville, Vaughan and across Ontario, in English, Urdu, Hindi and Punjabi. See our wills and powers of attorney page for our fees, or download the free Will & POA checklist to get ready for your appointment.