What is the minimum age to make a will in Ontario?

In Ontario, the minimum age is 18. Age 18; exceptions for married persons, those contemplating marriage, and armed forces members (SLRA s.8).

Is a handwritten (holograph) will valid in Ontario?

Valid in Ontario: entirely in the testator's handwriting and signed (s.6). No witnesses required for a holograph will.

What is a power of attorney for property called in Ontario?

In Ontario it is called a "Continuing Power of Attorney for Property". The person appointed is the attorney. Witnessing: 2 witnesses; disqualified: the attorney or their spouse/partner, the grantor's spouse/partner, the grantor's child, a person whose property is managed under guardianship, anyone under 18 (Substitute Decisions Act s.10).

What is a personal-care directive called in Ontario?

In Ontario it is called a "Power of Attorney for Personal Care". The person appointed is the attorney for personal care. Witnessing: 2 witnesses (same disqualifications as property POA). Treatment wishes may be included in the same document; prior capable wishes are binding under the Health Care Consent Act (s.21).

What laws govern wills and powers of attorney in Ontario?

In Ontario, wills are governed by the Succession Law Reform Act, R.S.O. 1990, c. S.26, and powers of attorney for property by the Substitute Decisions Act, 1992, S.O. 1992, c. 30. Each section on this page links to the official source.

FREE GUIDE: ON

Wills & Power of Attorney: Ontario

This page is the free Ontario guide. No sign-in. Read on, or take the checklist as a PDF.

Facts checked September 2026 · See what changed · How we check

Province-specific rules for Ontario: will requirements (age 18, holograph valid), and the Continuing Power of Attorney for Property, and the Power of Attorney for Personal Care.

General information only, not legal advice. This guide creates no will, POA, or directive. Laws change; consult a lawyer and verify current rules directly with the official provincial source before acting.

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Part 1: Will
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Minimum age
18 years old
Age 18; exceptions for married persons, those contemplating marriage, and armed forces members (SLRA s.8).
Witnesses required
Signed at the end; 2 witnesses present at the same time; both witnesses sign in the testator's presence (s.4).
Holograph (handwritten, no witnesses)
VALID
Valid in Ontario: entirely in the testator's handwriting and signed (s.6). No witnesses required for a holograph will.
Curative power (court can fix a flawed will)
YES
Courts have substantial-compliance (curative) power for deaths on or after January 1, 2022 (s.21.1).
Official source
Succession Law Reform Act, R.S.O. 1990, c. S.26
Never have a beneficiary witness your will
If a beneficiary or their spouse/partner witnesses the will, the gift to them is void (s.12). The court has a limited saving power.
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2
Part 2: Power of Attorney for Property
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Called in Ontario
Continuing Power of Attorney for Property
The person you appoint is called
attorney
Witnessing required
2 witnesses; disqualified: the attorney or their spouse/partner, the grantor's spouse/partner, the grantor's child, a person whose property is managed under guardianship, anyone under 18 (Substitute Decisions Act s.10).
Enduring (survives incapacity)
Yes, survives incapacity (must be drafted as "enduring").
Can be made springing (contingent on incapacity)
Yes, can take effect only when a triggering event (such as incapacity certified by a doctor) occurs. Discuss with a lawyer.
Official source
Substitute Decisions Act, 1992, S.O. 1992, c. 30
Partner · Guidepost earns a commission
If you go the do-it-yourself route, a template service such as LawDepot's power of attorney walks you through the questions; the witnessing rules above still apply.
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3
Part 3: Personal-Care / Health-Care Directive
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Called in Ontario
Power of Attorney for Personal Care
The person you appoint is called
attorney for personal care
Witnessing required
2 witnesses (same disqualifications as property POA). Treatment wishes may be included in the same document; prior capable wishes are binding under the Health Care Consent Act (s.21).
Official source
Substitute Decisions Act, 1992, S.O. 1992, c. 30 (s.46)
Partner · Guidepost earns a commission
If you go the do-it-yourself route, a template service such as LawDepot's personal directive walks you through the questions; the witnessing rules above still apply.
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4
When to see a lawyer in Ontario
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Making or updating a will: always recommended. A lawyer-drafted will is typically inexpensive relative to estate value.
Any power of attorney for property or personal-care directive, the person you appoint will have significant authority.
Complex situations: business interests, cross-border assets, blended family, minor children, or capacity concerns.
Verify current rules with a lawyer, legislation changes and this guide may not reflect the most recent amendments.
Download the Ontario checklist
All the instrument names, witnessing rules, and checklist items above in a branded PDF. Free. This checklist does not create any legal document.
Free. General information only, not legal or regulatory advice.
Keep it with the rest. This one files behind tab 7 of the Home File.
Next step
Executor Guide: Ontario
Named as executor? Probate, CRA TX19, compensation.
When Someone Dies: Ontario
Death Certificate, Service Canada, CRA: free checklist.
Where Everything Is: the non-legal companion to a will and powers of attorney →
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5
Common questions: Ontario
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What is the minimum age to make a will in Ontario?
In Ontario, the minimum age is 18. Age 18; exceptions for married persons, those contemplating marriage, and armed forces members (SLRA s.8).
Is a handwritten (holograph) will valid in Ontario?
Valid in Ontario: entirely in the testator's handwriting and signed (s.6). No witnesses required for a holograph will.
What is a power of attorney for property called in Ontario?
In Ontario it is called a "Continuing Power of Attorney for Property". The person appointed is the attorney. Witnessing: 2 witnesses; disqualified: the attorney or their spouse/partner, the grantor's spouse/partner, the grantor's child, a person whose property is managed under guardianship, anyone under 18 (Substitute Decisions Act s.10).
What is a personal-care directive called in Ontario?
In Ontario it is called a "Power of Attorney for Personal Care". The person appointed is the attorney for personal care. Witnessing: 2 witnesses (same disqualifications as property POA). Treatment wishes may be included in the same document; prior capable wishes are binding under the Health Care Consent Act (s.21).
What laws govern wills and powers of attorney in Ontario?
In Ontario, wills are governed by the Succession Law Reform Act, R.S.O. 1990, c. S.26, and powers of attorney for property by the Substitute Decisions Act, 1992, S.O. 1992, c. 30. Each section on this page links to the official source.
Wills & POA guides for other provinces
BC: British Columbia AB: Alberta SK: Saskatchewan MB: Manitoba QC: Quebec NB: New Brunswick NS: Nova Scotia PE: Prince Edward Island NL: Newfoundland & Labrador
Facts checked September 2026
Guidepost is not a law firm. This guide is for general informational purposes only. Full disclaimer
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Informational guide only. Guidepost is not a law firm. This guide explains the typical process and is not legal advice. Requirements can change. Verify current rules with the relevant government authority or a qualified professional before you act.