Wills and Powers of Attorney for New Canadians in Mississauga

Why newcomers need a will sooner than they expect

If you die in Ontario without a will, the province's intestacy rules decide who inherits your Ontario assets. They don't take account of your wishes or your culture. If you're married with children, your spouse receives the first $350,000 and shares the rest with the children. If you have a spouse but no children, your spouse generally receives everything. Common-law partners have no automatic share, although they may be able to ask a court for support.

If you leave a spouse or children, your parents and your brothers and sisters generally don't inherit under these rules. And someone has to apply to the court to be appointed to manage your estate, which is slower and harder when your family is overseas.

Your children: who looks after them?

A will lets you name the person you'd want to care for your children. In Ontario, that appointment in a will lasts 90 days, during which the person has to apply to court for custody. So choose someone who is willing to do that and who can get to Ontario quickly. If nobody is named, a family member has to ask the court, and the court decides.

You can also hold your children's inheritance in trust until they're older, rather than having it paid out to them at 18.

Does the will I made back home work in Ontario?

Often, a will signed in another country can still be recognized here. Ontario's Succession Law Reform Act accepts a will that followed the formal rules of certain places, such as where it was signed or where you were living at the time. But recognition is only the first question. The will might not deal with your Canadian home, bank accounts and RRSP the way you want, it might name an executor who lives overseas, and it won't reflect Ontario rules, such as a married spouse's right to choose an equalization of family property instead of what the will gives them.

The bigger danger is the other way around. If you sign an Ontario will that says it cancels all earlier wills, you may cancel the will you made for your property back home without meaning to. Courts have dealt with cases like this. We ask for a copy of any existing will before we draft anything, and we write the new one so the two work together.

Property and savings back home

Land and buildings in another country are usually governed by that country's inheritance law, whatever your Ontario will says. Some countries have fixed inheritance shares for family members. We prepare your Ontario will for your Canadian assets and for the instructions you want to give, and we tell you where you may need a will or advice in the other country.

We don't advise on the law of other countries. For property abroad, we'll suggest you speak to a lawyer there, and we'll make sure the documents don't contradict each other. If you'd like your estate divided according to Islamic principles, see our Islamic wills page.

Powers of attorney: the part newcomers miss

If you're in an accident, your relatives abroad can't pay your mortgage or speak to your bank in Ontario without legal authority. A continuing power of attorney for property lets someone you choose manage your money if you can't. A power of attorney for personal care lets someone make health and care decisions for you.

If you signed a power of attorney in another country, don't assume Ontario banks and hospitals will accept it. Many institutions expect an Ontario document, so it's usually worth replacing it. Think about who is practical: a spouse, an adult child or a trusted friend who lives nearby and can go to the bank, with a backup named. Your attorney doesn't have to be a lawyer.

Beneficiary forms and joint accounts

Some of your assets may never go through your will at all. Check these before you finalize your plan:

• RRSPs, TFSAs and life insurance often pass to the person named on the form, not to the person named in your will.
• Jointly owned property and joint bank accounts may pass to the other owner automatically. That can be useful or a problem, depending on your plan.
• Accounts and property in your home country may have their own beneficiary or nominee rules.

Understanding what you sign

A will only works if you understand it. We go through each clause with you in English, Urdu, Hindi or Punjabi before you sign. The will itself is prepared in English so that Ontario banks, registries and courts can use it without translation.

Signing it properly

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. Ontario also allows signing by video if at least one witness is a lawyer or paralegal licensed in Ontario and everyone can see and hear each other in real time, which helps if you live outside Mississauga or travel often.

Since 2022, getting married no longer cancels an existing will in Ontario. If you married after you made a will, have it reviewed.

What to bring to your appointment

• Your passport or PR card, and your driver's licence if you have one
• A list of your assets and debts in Canada and abroad, with rough values
• A copy of any will or power of attorney you signed in another country, with an English translation if you have one
• The names, dates of birth and countries of residence of your spouse, children and other close family
• Who you'd like as executor, as guardian for your children, and as attorney for property and personal care
• Your insurance, RRSP and TFSA beneficiary details

Frequently asked questions

Related guides

• Dying Without a Will in Ontario: Who Inherits?
• Do I Need a Lawyer to Make a Will in Ontario?
• Online Will Kit Risks: Why Hire a Mississauga Estate Lawyer
• Named Executor in Ontario? 2026 Step-by-Step Checklist
• How to Choose an Executor (Estate Trustee) for Your Will in Ontario
• Naming a Guardian for Your Children in Your Ontario Will