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Estate Planning — Toronto & Markham

Wills & Powers of Attorney

Protecting you and your loved ones with clear, legally sound estate documents — and urgently updating documents for clients leaving abusive relationships.

Why a Will Matters

If you die without a will (intestate), the government determines how your estate is distributed under Ontario's Succession Law Reform Act. This may not reflect your wishes. A properly drafted will ensures your assets go to the people you choose, and that your children are cared for by the guardian you select.

What a Will Covers

Your will can address the distribution of all property you own at death, name an executor, appoint a guardian for your minor children, set out funeral wishes, and create trusts for children or other beneficiaries. We draft clear, legally valid wills that reflect your specific circumstances.

Wills & Family Violence

For survivors of domestic violence, a will is especially important. If you are separated but not yet divorced, your estranged spouse may still inherit under an old will: since January 1, 2022, Ontario's Succession Law Reform Act treats a separated spouse as having predeceased you only where strict criteria are met — generally a separation agreement, court order, or family arbitration award made on or after that date, or three full years of living separate and apart, and living separate and apart at the time of death. A recent separation with none of those in place does not protect you. Updating your will is a critical step for anyone leaving an abusive relationship.

Power of Attorney for Property

A continuing power of attorney for property allows a person you trust to manage your financial affairs if you become mentally incapacitated. Without one, your family may need to apply to court for a guardianship order — a costly and time-consuming process.

Power of Attorney for Personal Care

A power of attorney for personal care allows you to designate someone to make health care, housing, and personal decisions on your behalf if you become unable to make them yourself. You can also include specific instructions about your care wishes.

Separation Tip: Separation and divorce affect your will less than most people assume — and your powers of attorney not at all. Divorce (and, since January 1, 2022, a qualifying separation under ss. 17 and 43.1 of the Succession Law Reform Act) cancels gifts to your former spouse and their appointment as executor, but it never revokes the will itself, and a separation that doesn’t meet the statutory criteria changes nothing. Powers of attorney survive both separation and divorce — your ex can remain your attorney until you replace the document. If you have separated, update all of your documents immediately.

Succession Law Reform Act Substitute Decisions Act

Ready to protect your rights?

Every family law situation is unique. Book a consultation and speak directly with one of our lawyers about your specific circumstances.

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