Wills, powers of attorney, estate planning and probate. Clear documents that protect you while you are alive and carry out your wishes after you pass. Named lawyer on every file, fixed fee quoted before we begin.
A will speaks after you pass. A power of attorney speaks while you are alive but unable to act. A complete plan needs both.
A last will and testament is a legal document that sets out how your estate is divided after you die. Your estate is what you own and what you owe. A will appoints an executor, distributes your property, names guardians for dependents and records your funeral wishes.
An executor is the person you name in your will to manage your affairs after you die. They gather your assets, settle your debts and distribute what remains to the people you have named. Choose someone organised and willing to take on the role.
A power of attorney is a legal document that gives one or more people, called your attorney, the right to make financial, medical and other decisions on your behalf. Your attorney does not have to be a lawyer. Choose carefully, because the role carries real authority over your property and your care.
A will takes effect after you die. An executor manages your affairs after you die. A power of attorney acts on your behalf while you are still alive but unable to act on your own. Most Ontario adults need a will and both kinds of power of attorney.
Ontario recognises three kinds of power of attorney. We help you decide which you need and draft each one to fit your situation.
Covers your financial affairs and allows the person you name to keep making decisions for you if you become incapable. This is the document most people mean when they talk about a power of attorney for property.
Covers your financial affairs but cannot be used once you become mentally incapable. It is more temporary, useful when you need someone to look after your finances while you are away from home for an extended period.
Covers your personal decisions, such as housing and health care, when you can no longer make them yourself. The person you name can make important decisions about your health, safety and quality of life.
Choose a person you trust. In Ontario, anyone who is 18 years of age or older and mentally capable can be named as a power of attorney for property.
Anyone who is 16 years of age or older and mentally capable can be named. You can name someone who lives outside Ontario. You cannot name a service provider you pay, unless that person is a relative.
Each of these is avoidable. A short plan now saves your family months of cost and uncertainty later.
Die without a will and the Ontario Succession Law Reform Act decides who inherits, in a fixed order that may not match your wishes. A common law partner can be left with nothing.
Without a power of attorney, if you become incapable your family must apply to court to be appointed guardian. The process is costly and slow, and the court may not choose the person you would have.
Marriage, separation, a new child or a large change in assets can override or distort an old will. Review your documents every two years and after any major life event.
If you do not name a guardian for dependent children, the court decides who raises them. A will lets you make that choice yourself and explain your reasons.
Do not see your question? Ask a Khan Law lawyer, response within one business day.
Estate planning is arranging the management and distribution of your assets during your life and after you pass. It keeps your wishes respected and reduces the emotional and financial burden on your family during a difficult time.
A will takes effect when you die and sets out how your assets are distributed. A power of attorney is effective during your life and lets someone you trust make decisions for you if you become unable to do so yourself.
A complete plan usually includes a will, a power of attorney for property, a power of attorney for personal care, any trusts you need and a plan for estate tax. These work together so every part of your estate is handled the way you intend.
Anyone with assets, minor children or specific wishes for their care should have a will and both powers of attorney. These documents make sure your wishes are followed and your loved ones are protected.
It lets the person you name make medical and personal care decisions for you if you become incapable. Your health care preferences are respected even when you cannot communicate them yourself.
It lets the person you name manage your financial affairs, including paying bills, managing bank accounts and investments and handling property transactions, if you are unable to do so.
Review your documents every two years, and after any major life event such as marriage, separation, the birth of a child or a large change in your finances, so they still reflect your wishes.
Decisions about your estate and your care are made under Ontario law or by the court. That may not match your wishes or benefit your family the way you intended, and it usually costs more and takes longer.
We tailor your documents to your situation and make sure they are clearly written and legally enforceable. Our wills and estates lawyers guide you through each step so you and your family have peace of mind.
Meet in person at any office, or sign remotely under O. Reg. 4/22. Wills and powers of attorney prepared for clients anywhere in Ontario.
I would like to sincerely thank Faraz Khan for the amazing professional service he provided in both real estate and wills + estates. His attention to detail, dedication, patience and accessibility went above and beyond and he made our experience with both services very easy and completely stress free. I would recommend Faraz and his law firm to anyone. Thank you Faraz for taking such great care of us!
Most wills and powers of attorney are drafted, reviewed and signed within two short appointments. The conversation starts with a call.
