How to Sign Your Will and Powers of Attorney in Ontario

You have answered the questions, checked the numbers and read the document through. The last step is the one that makes it legally real: signing. Ontario has strict signing rules, and most mistakes happen at this final step. They are also easy to avoid when you know the rules in advance.

This article covers signing a will and signing the two powers of attorney: who can witness each, how the signing works, what takes effect when, and where to keep the originals. It is general information, not advice on your own documents.

Signing Your Will

Two witnesses, present together

Ontario’s Succession Law Reform Act requires a will (other than an entirely handwritten one) to be witnessed by two people, and both must be present together when you sign. You cannot sign in front of one witness on Monday and the second on Tuesday.

The order matters

1. You sign the will at the end of the document, with both witnesses watching, or you sign first and then acknowledge your signature to both witnesses together.
2. Each witness then signs, while you are still present and watching.

A witness who signs before you do creates a defect that could complicate probate. Use ink, not pencil. Date your own signature line as your signing guide directs, and do not add dates to the witness lines unless you are told to.

The witnesses do not need to read the will or know what is in it. They are only confirming that they saw you sign.

Who should not witness a will

A beneficiary, or the spouse or partner of a beneficiary, should not witness your will. If they do, the gift to that person can be void. The will itself generally stays valid and the rest of it passes as written, but the person you meant to provide for may receive nothing. Your executor can witness, because being named executor is not the same as being a beneficiary, although many people prefer witnesses with no involvement in the estate at all.

For more detail, read who can witness a will in Ontario and what happens when a will is improperly signed.

Signing Your Powers of Attorney

Ontario’s Substitute Decisions Act, 1992 sets the rules for both a Continuing Power of Attorney for Property and a Power of Attorney for Personal Care. The witnessing rules are the same for both.

Two witnesses, present together

You sign in front of two witnesses who are both present at the same time and who watch you sign. Notarization is not required.

Who cannot witness a power of attorney

This list is longer than the one for wills, and it catches people who are often the most obvious choice. Your spouse, your children and the person you have chosen as attorney are all out. See who can witness a power of attorney in Ontario for the full explanation.

When each power of attorney takes effect

A Continuing Power of Attorney for Property takes effect when it is properly signed and witnessed, unless the document says otherwise. A power of attorney can be written to take effect only on a future event, usually incapacity, but that “springing” approach has its own risks, discussed in immediate vs springing powers of attorney. The Online Will plan’s powers of attorney take effect on signing. A Power of Attorney for Personal Care is only used when you cannot make your own care decisions. See when a personal care power of attorney takes effect.

Choosing Witnesses Who Work for Everything

Most people sign the will and both powers of attorney at the same time, with the same two witnesses. That works if each witness passes both lists:

• 18 or older.
• Not a beneficiary of your will, and not married to or partnered with one.
• Not the person you are naming as attorney (for either power of attorney), or their spouse or partner.
• Not your spouse or partner, and not your child or someone you treat as your child.
• Not a person under guardianship.

A neighbour, a friend or a colleague who has no part in your plan is usually a safe choice. The decisive point is that both witnesses are in the same place, at the same time, for each signature. If you are not sure about someone, choose someone else. A defective witness can undo a gift in a will or leave a power of attorney open to challenge at exactly the wrong time. A court can sometimes validate a poorly witnessed document, but only on an application, so it is not something to rely on.

For a couple, remember that each partner’s documents have a different attorney and different beneficiaries, so check the list for each document, not just once. See matching wills for couples.

Signing by Video: What Ontario Requires

Ontario allows the witnessing of a will, and of a power of attorney, to be done by audio-visual technology rather than in the same room. The rules are specific: everyone must be able to see and hear each other in real time, the signing is done in counterparts (each person signs their own identical copy), and at least one of the two witnesses must be a lawyer or paralegal licensed in Ontario. A call between family members on their own does not meet that test. Our articles on signing a power of attorney virtually and valid will requirements explain more.

The Online Will plan is signed in person, with two eligible witnesses you choose. The firm does not act as your witnesses. The signing guide in your portal walks you through each step for your will and both powers of attorney. If you can only sign by video, one of your witnesses must be a lawyer or paralegal licensed in Ontario, and you arrange that yourself.

After You Sign: Keep the Originals Safe

• The will. The court needs the original, not a photocopy or a scan, to grant a Certificate of Appointment of Estate Trustee. If the original cannot be found, the will may be presumed revoked. Keep it somewhere safe, and tell your executor where it is. See where to store your will safely.
• The powers of attorney. Keep the originals where your attorney can reach them quickly. A hospital or bank may ask to see the original or a certified copy, and a photo on a phone may not be accepted.
• Do not alter the signed pages. Do not write on, staple or remove pages once signed. If something needs to change, sign a new document or a codicil (for a will), correctly witnessed.
• Tell the right people. Your executor and your attorneys should know the documents exist and where to find them. They do not need to see the contents.

If you made your documents with the firm’s Online Will plan, a signing guide walks you through the order, and the plan includes one free correction within 14 days. If you think you may have made a mistake at signing, speak up early, because most errors are far easier to fix while you are alive and capable.

Frequently asked questions