Most Asked Questions About Wills & Power of Attorney in Ontario

When it comes to wills and powers of attorney, most people in the Bay of Quinte have the same thought: “I think I’m okay… but I’m not totally sure.”

That uncertainty is completely normal. These topics aren’t discussed often, yet they have a huge impact on families during times of illness, aging, downsizing, or loss. Below are the most commonly asked questions I hear — and clear, Ontario-specific answers to help you plan with confidence.

Do I really need a will in Ontario if my estate is small?

Yes. In Ontario, the size of your estate doesn’t determine whether you need a will — clarity does. Without a will, provincial law decides who gets what and who acts as estate trustee, and that may not reflect your wishes.

Does my will control everything I own?

No. A will does not control RRSPs, RRIFs, TFSAs, pensions, life insurance, or jointly owned assets with right of survivorship. These pass according to beneficiary forms or ownership rules, even if the will says something different.

Are funeral, burial, or cremation wishes in a will legally binding?

In Ontario, these instructions are considered wishes, not legal orders. Your executor has the legal authority to make final decisions regarding your body and ashes, although most try to honour written wishes.

Can I include my pets in my will?

Yes. Pets are considered property under Ontario law, so your will can specify who will care for them and even allocate funds for their care. While the will can’t control every future decision, it can clearly direct responsibility.

Are online wills legal in Ontario?

They can be — but only if executed properly. Online wills must be printed, signed in ink, and witnessed by two people in person who are not beneficiaries. Digital signatures and virtual witnessing do not apply to wills in Ontario.

Are handwritten wills valid in Ontario?

Yes, handwritten (holograph) wills are legal if they are fully handwritten and signed. However, they often lack clarity and key details, which can lead to delays, confusion, or probate issues later.

Is probate only required for large estates?

No. Probate has nothing to do with estate size. Financial institutions can require probate for any amount, even very small estates, depending on their policies.

What is a Power of Attorney, and do I really need one?

A Power of Attorney applies while you are alive. In Ontario, there are two types: Property (financial decisions) and Personal Care (health and care decisions). Most people need both.

Does my spouse automatically have Power of Attorney?

No. Marriage alone does not grant Power of Attorney in Ontario. Without proper documents, decision-making follows a legal hierarchy that may not reflect your intentions.

Final Thought

Wills and powers of attorney aren’t about expecting the worst — they’re about making life easier for the people you love. A little clarity today can prevent a lot of stress later.

If you’re planning ahead, downsizing, or helping aging parents in the Bay of Quinte, understanding these basics is a powerful first step.