Free guide: ON

Wills & Power of Attorney: Ontario

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.

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).

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

Last updated: June 2026

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