Free guide — ON

Wills & Power of Attorney — Ontario

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

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

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

In Ontario, the instrument for managing someone's finances if they lose capacity is called a "Continuing Power of Attorney for Property". The person appointed is called 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).

Q: What is a personal-care or health-care directive called in Ontario?

In Ontario, the instrument for health and personal-care decisions is called a "Power of Attorney for Personal Care". The person appointed is called 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).

Province-specific rules for Ontario: will requirements (age 18, holograph valid), 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.

Part 1 — Will

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.

Part 2 — Power of Attorney for Property

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

Part 3 — Personal-Care / Health-Care Directive

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)

When to see a lawyer in Ontario

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.

Next step

Executor Guide — Ontario

Named as executor? Probate, CRA TX19, compensation.

When Someone Dies — Ontario

Death Certificate, Service Canada, CRA — free checklist.

Common questions — Ontario

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).

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

Guidepost is not a law firm. This guide is for general informational purposes only. Full disclaimer