Step 1: Sign the will and power of attorney

Join the online meeting with the witnesses and notary. Sign and initial each page of your will or power of attorney. Send your documents to the notary - Downtown Notary will take care of the shipping process.

Step 2: Witness Signatures and Notarization

For wills, the witnesses sign the will and the notary completes the affidavits of execution. For powers of attorney, the witness signs and the notary notarizes the POA.

Step 3: Done!

Your will or power of attorney are now signed! The notary will send your documents to you and send you an invoice. Pay securely with credit card or e-transfer.

What is a will?

A will is a legal document that sets out who will inherit their estate (their property, possessions and other personal items) when someone dies.

How do I write my will?

The most common way to create a valid will is to speak with a lawyer who specializes in wills or estates.

However, you may not be able to, or want to, use a lawyer to help draft your will. That’s okay - you can still create a will using a will kit, or an online will drafting service like Canadian Legal Wills. Downtown Notary has partnered with Canadian Legal Wills to provide 15% off their services when you use this link. Just answer the simple questions to create your legal documents online. 

How do I sign my will?

Once you have written your will, you will need to sign it to ensure it is valid. This is also called “executing your will.” In Ontario, you must sign your will in front of two witnesses who are not the executor (the person assigned to administer your will) or their spouse, or a beneficiary or their spouse. The witnesses must also sign the will.

Does my will need to be notarized?

Generally, wills do not need to be notarized. 

However, it is generally recommended that one of the witnesses swear an affidavit of execution in front of a notary or commissioner for taking oaths. This affidavit (also known as Ontario Court Form 74.8) is available for free download from the Ontario Court Forms website. This affidavit confirms that the witness saw the person making the will sign it in front of them.  When an executor applies to the courts to validate a will (a process called “probate”), they should file the affidavit of execution with the probate application. While it may be possible to probate a will without an affidavit of execution, it will likely make the process more difficult and lengthy. 

Is the online witnessing of wills legal?

Yes. On April 7, 2020, the Ontario Government issued O Reg 129/20, which permits the witnessing of wills and powers of attorney through audio-visual technology. On July 15, 2020, the Ontario Government amended O Reg 129/20 to continue allowing the witnessing of wills and powers of attorney after the end of the state of emergency.

What does “witnessed in counterpart” mean?

Generally, the signatures of the testator / grantor and the witnesses must all be on the same copy of will or power of attorney. However, on April 22, 2020, the Ontario Government issued O Reg 164/20, which permits wills and powers of attorney to be witnessed virtually and in counterpart. “In counterpart” means the witnesses can sign separate copies of the will or power of attorney. Once a will or power of attorney is signed in counterpart, it is immediately valid.

What is a power of attorney?

A power of attorney is a legal document that gives someone else - your “attorney” - the power to act on your behalf.

A power of attorney for personal care lets your attorney make personal care decisions on your behalf if you become mentally incapable of making them for yourself.  Your attorney becomes your substitute decision-maker for making personal care and medical decisions, such as whether you will receive or decline certain medical treatments.

A continuing power of attorney for property lets your attorney manage your financial affairs and allows the person you name to act for you even if you become mentally incapable. This includes managing your bank accounts, making bill and rent payments and making purchases on your behalf.

How do I create a power of attorney?

In Ontario, the Ministry of the Attorney General has created a free, very simple, easy to use power of attorney kit that contains templates for both a power of attorney for personal care and a continuing power of attorney for property. This power of attorney kit works for most people in Ontario. However, if you have questions about a power of attorney, or you would like to make more complex instructions for your power of attorney, we strongly suggest that you speak with a lawyer.

Does my power of attorney need to be notarized?

It is not a legal requirement for your power of attorney to be notarized, but there are very good reasons to get it notarized anyway.

First, notarizing your power of attorney assures others that the signature on the document is genuine and the documents are legitimate. This makes it less likely that the validity of your power of attorney will be questioned.

Secondly, many financial institutions, like banks, will not accept powers of attorney for property unless they are notarized. If you’re not sure what your bank’s requirements are, we suggest that you contact them for more information.

Is the online witnessing of powers of attorney legal?

Yes. On April 7, 2020, the Ontario Government issued O Reg 129/20, which permits the witnessing of wills and powers of attorney through audio-visual technology during the state of emergency. On July 15, 2020, the Ontario Government amended O Reg 129/20 to continue allowing the witnessing of wills and powers of attorney after the end of the state of emergency.