Plan with confidence. Protect what matters.
At SMA Law, we help individuals and families across Ontario prepare for the future with comprehensive estate planning services. Whether you need a simple will, power of attorney documents, or advice on probate, our Ontario wills and estates lawyer provides personalized legal guidance every step of the way.
What is a Will?
A will is a legal document that outlines how your property, assets, and responsibilities should be distributed after your death. It allows you to name an estate trustee (executor) and beneficiaries, and to appoint guardians for your minor children.
Why Should You Have a Will?
- Your wishes are honoured: You decide how your home, savings, and belongings are shared, not the government. Your voice continues to guide your loved ones, even after you’re gone.
- Your loved ones are supported: A will allows you to provide for the people who matter most — your spouse, children, grandchildren, or anyone else you hold dear — ensuring they’re taken care of in the way you intended.
- Family disputes are minimized: Clear instructions help reduce confusion and potential conflict, easing the burden on your family during an already emotional time.
- Your estate is handled more smoothly: With a named executor and a structured plan, your estate can be settled more quickly and efficiently, reducing stress and delay for those left behind.
Without a will, your estate is divided based on Ontario’s Succession Law Reform Act — a default process that may not align with your personal values or your family’s needs.
Important Things to Consider When Creating a Will
- Estate Trustee (Executor): This person manages your estate and ensures your wishes are followed.
- Beneficiaries: Identify individuals or organizations that will receive your property and assets.
- Guardianship of Children: Appoint someone you trust to care for your minor children if both parents pass away.
- Your Assets: Consider real estate, investments, personal belongings, and business interests.
We guide you through these decisions and ensure your will complies with Ontario law.
Your family’s future deserves clarity and peace of mind.
Let’s make sure your wishes are known — and respected.
Powers of Attorney in Ontario
A Power of Attorney (POA) is a legal document that allows someone else (your “attorney”) to act on your behalf in the event you become incapable of making decisions.
What Is a Power of Attorney?
A Power of Attorney grants legal authority to another person to manage your financial affairs or make personal care decisions (like health care or housing).
Continuing vs. Non-Continuing Power of Attorney
In Ontario, there are two main types of Powers of Attorney for property. Understanding the difference between them is essential when planning for the future.
Continuing Power of Attorney for Property
This type of Power of Attorney allows someone you trust — often called your “attorney” — to manage your financial affairs immediately or at a future time, and most importantly, it continues to be valid even if you become mentally incapable due to illness, injury, or age-related decline.
Common uses:
- Paying bills and managing bank accounts
- Overseeing investments or real estate
- Filing taxes or handling government benefits
Many people choose to set this up in advance, so that if the unexpected happens, their family or trusted representative can step in without the need for costly and time-consuming court proceedings.
Non-Continuing Power of Attorney for Property
This is a more limited document. It gives someone authority to manage your finances, but only while you are mentally capable. Once you become incapable, it automatically ends.
Typical uses:
- Temporary situations (e.g., you’re out of the country or recovering from surgery)
- Short-term transactions (e.g., selling a car or signing a contract on your behalf)
This type of POA is useful when you just need help managing financial tasks for a limited period — but it’s not meant for long-term planning or incapacity protection.
Power of Attorney for Personal Care
A Power of Attorney for Personal Care is a legal document that allows you to name someone you trust to make health care and personal care decisions on your behalf if you become mentally incapable of making those decisions yourself.
This includes choices related to:
- Medical treatment and consent to procedures
- Housing and long-term care placement
- Diet, clothing, hygiene, and safety
- Life support and end-of-life decisions
Your appointed person — known as your attorney for personal care — is legally obligated to act in your best interests and follow any instructions or values you’ve outlined in the document.
Why It Matters
- Your family isn’t left guessing what you would have wanted
- Decisions are made quickly and with compassion by someone you’ve chosen
- You avoid the delay and stress of court-appointed guardianship
Without a Power of Attorney for Personal Care in place, your loved ones may have to go through a legal process to obtain the right to act on your behalf — during what is likely already an emotional and stressful time.