Work through the prompts, weigh the candidates, and record your choices — then take this to your lawyer.
Who this is for: anyone in Ontario preparing a will and powers of attorney who needs to decide who to name for the key roles. What you'll get: a fill-in worksheet to score candidates, the qualities to weigh, decision prompts for tricky calls (co-executors? a trust company?), and a place to write down your choices.
⚖️ This is a general guide, not legal advice. It can't account for your specific situation. Use it to get oriented, then confirm the details with a licensed Ontario lawyer.
How to use this worksheet: print it (or fill it in digitally), pencil in candidates for each role, score them against the qualities, and use the decision prompts to settle the close calls. Nothing here is binding — it's a thinking tool to prepare you for the conversation with your lawyer, who turns your choices into valid documents.
The three roles, in plain language
You're choosing people for up to three distinct jobs. They can be the same person or different people.
| Role | What they do | When it kicks in |
|---|---|---|
| Executor (Ontario term: estate trustee) | Administers your estate — gathers assets, pays debts and taxes, applies for probate, distributes what's left | After you die |
| Attorney for Property | Manages your finances and property if you can't | If you lose capacity while alive (and on signing, if you allow) |
| Attorney for Personal Care | Makes health and personal-care decisions if you can't | If you lose capacity while alive |
| Guardian (for minor children) | Cares for your children day-to-day if both parents are gone | If your children are under 18 and have no surviving parent |
💡 Note: "Attorney" here doesn't mean a lawyer — in Ontario it simply means the person you appoint under a Power of Attorney. It can be your sister, your best friend, anyone you trust.
The qualities to weigh
Different roles reward different strengths. Score each candidate honestly — the "best" person for one job isn't always best for another.
| Quality | Matters most for | Why |
|---|---|---|
| Trustworthiness & honesty | All roles | They'll handle your money, health, or children. Non-negotiable. |
| Financial sense | Executor, Attorney for Property | Budgets, taxes, investments, paperwork. |
| Calm under pressure | All roles | These jobs surface during stressful, emotional times. |
| Location | Executor, both Attorneys | Practical access matters; an out-of-province executor can add complications and cost. |
| Age & health | All roles | Someone your own age may not outlive you or may be unwell when needed. |
| Willingness | All roles | A reluctant appointee is a risk. Always ask first. |
| Impartiality / fairness | Executor, Guardian | Especially where beneficiaries or children might be treated differently. |
| Knows your values | Attorney for Personal Care, Guardian | They'll make deeply personal choices on your behalf. |
| Availability / capacity | Executor, Attorneys | The role takes real time. A very busy candidate may struggle. |
⚠️ Watch out: Naming someone out of obligation — your eldest child because they're eldest, say — instead of the best-suited person is a common, costly mistake. Suitability beats seniority.
Candidate scoring — Executor
List up to three candidates. Score each quality 1 (weak) to 5 (strong).
| Quality | Candidate A: __________ | Candidate B: __________ | Candidate C: __________ |
|---|---|---|---|
| Trustworthy / honest | ___ | ___ | ___ |
| Financial sense | ___ | ___ | ___ |
| Calm under pressure | ___ | ___ | ___ |
| Location (nearby?) | ___ | ___ | ___ |
| Age & health | ___ | ___ | ___ |
| Willing (have you asked?) | ___ | ___ | ___ |
| Impartial / fair | ___ | ___ | ___ |
| Available (has the time) | ___ | ___ | ___ |
| Total | ___ | ___ | ___ |
Notes / concerns: ________________________________________________
Decision prompts — Executor
- Does my top candidate actually have the time and willingness? Have I asked them? ☐ Yes ☐ Not yet
- Are they local, or will distance create problems? ________________________
- Could naming them spark conflict among my beneficiaries? ☐ Yes ☐ No — if yes, why: ________________
- If they declined or couldn't serve, who is my backup? ________________________
Candidate scoring — Attorney for Property
| Quality | Candidate A: __________ | Candidate B: __________ |
|---|---|---|
| Trustworthy / honest | ___ | ___ |
| Financial sense | ___ | ___ |
| Calm under pressure | ___ | ___ |
| Location / availability | ___ | ___ |
| Willing (have you asked?) | ___ | ___ |
| Total | ___ | ___ |
Decision prompts — Attorney for Property
- Do I trust this person completely with my money while I'm alive but unable to oversee them? ☐ Yes ☐ No
- Are they organized enough for bills, banking, and tax paperwork? ☐ Yes ☐ No
- Should this be the same person as my executor, or different? Note your thinking: ________________
Candidate scoring — Attorney for Personal Care
| Quality | Candidate A: __________ | Candidate B: __________ |
|---|---|---|
| Trustworthy / honest | ___ | ___ |
| Knows my values & wishes | ___ | ___ |
| Calm under pressure | ___ | ___ |
| Can advocate firmly with doctors | ___ | ___ |
| Willing (have you asked?) | ___ | ___ |
| Total | ___ | ___ |
Decision prompts — Attorney for Personal Care
- Does this person know what matters to me about quality of life and medical care? ☐ Yes ☐ Not yet — we need to talk
- Will they be able to make hard decisions and speak up under pressure? ☐ Yes ☐ Unsure
Candidate scoring — Guardian (only if you have minor children)
| Quality | Candidate A: __________ | Candidate B: __________ |
|---|---|---|
| Shares my values / parenting style | ___ | ___ |
| Stable home & relationship | ___ | ___ |
| Genuine bond with my children | ___ | ___ |
| Age & health (energy for the years ahead) | ___ | ___ |
| Willing (have you asked?) | ___ | ___ |
| Total | ___ | ___ |
💡 Note: In Ontario, a guardian named in your will is typically a strong recommendation to the court rather than an automatic, permanent appointment — but naming your choice clearly carries real weight. Discuss the details with your lawyer.
Decision prompts — Guardian
- Have I asked the proposed guardian, and are they truly willing? ☐ Yes ☐ Not yet
- Have I considered leaving funds (in trust) to support the cost of raising my children? ☐ Yes ☐ No
Big decisions to settle
Should you name co-executors?
Naming two or more people to act together can feel fair and can share the load — but it has trade-offs.
| Co-executors can help when… | Co-executors cause problems when… |
|---|---|
| One has financial skills, the other knows the family | They live far apart and every signature needs both |
| You want a check-and-balance | They don't get along — disputes can stall the estate |
| The estate is large or complex | One does all the work and resents the other |
⚠️ Watch out: Co-executors usually must act unanimously unless your will says otherwise. Two people who disagree can deadlock the entire estate. If you go this route, ask your lawyer about a tie-breaking mechanism.
Decision: I will name ☐ one executor ☐ co-executors, because: ________________________
Always name alternates
Life happens — your first choice may pass away, fall ill, or simply decline. Name a backup for every role so the court doesn't have to appoint someone you'd never have chosen.
- Executor — alternate: ________________________
- Attorney for Property — alternate: ________________________
- Attorney for Personal Care — alternate: ________________________
- Guardian — alternate: ________________________
Consider a professional executor or trust company
If your estate is complex, your family is in conflict, or no individual is well-suited, you can appoint a trust company or other professional as executor.
| Professional executor — pros | Professional executor — cons |
|---|---|
| Experienced, impartial, won't predecease you | Charges a fee (paid by the estate) |
| Removes a burden from grieving family | Less personal touch; may feel impersonal |
| Useful for disputes or complex assets | May not know your family's nuances |
💡 Tip: You can also pair a family member with a professional as co-executors, getting both the personal knowledge and the expertise.
A word on compensation
Executors in Ontario are generally entitled to reasonable compensation for their work, drawn from the estate — even a family member. The amount is guided by long-standing principles and can be set out in your will or agreed afterward. (Specific rates and limits are governed by Ontario law and can change — confirm the current approach with your lawyer.) It's worth deciding whether you want to address compensation in your will.
My intention on executor compensation: ________________________
Conversation checklist (do this before finalizing)
For each person you plan to name:
- I've asked them and they're genuinely willing.
- I've explained roughly what the role involves and the time it can take.
- I've told them where my documents are kept and how to reach my lawyer.
- I've reassured them they can hire help (lawyer, accountant) paid by the estate.
- (For personal care) We've talked about my values and medical wishes.
- (For guardian) We've discussed finances and expectations for raising my children.
- I've told them who the alternate is.
Record your choices
Bring this to your lawyer — it's not a legal document, just your decisions in one place.
- Executor: __________________________ Alternate: __________________________
- Attorney for Property: __________________________ Alternate: __________________________
- Attorney for Personal Care: __________________________ Alternate: __________________________
- Guardian (if applicable): __________________________ Alternate: __________________________
- Co-executors? ☐ No ☐ Yes — names: __________________________
- Professional/trust company executor? ☐ No ☐ Considering ☐ Yes
- Date completed: ______________
💡 Final tip: Revisit these choices every few years, and after any big life change — a death, a divorce, a falling-out, a move, or a child turning 18. The right choice today may not be the right choice in ten years.
How Treadstone Law can help
Treadstone Law turns the choices on this worksheet into properly drafted, legally valid documents — a will naming your executor and guardian, and powers of attorney for property and personal care. We'll help you weigh the close calls and make sure your wishes hold up.
- Transparent flat fees — know the cost before you start. See treadstonelaw.ca/pricing.
- Start online, on your schedule — begin at treadstonelaw.ca/start-file, with all-Ontario virtual service from our Mississauga office.
- Have questions first? Call 1-844-900-1070.
Learn more about our estate planning services at treadstonelaw.ca/wills-estates.
This is not legal advice
This guide is general information, not legal advice. Reading it does not create a lawyer-client relationship. Ontario laws, tax rates, and government programs change, and how the law applies depends on your specific facts. For advice about your situation, speak with a licensed Ontario lawyer. Treadstone Law is licensed by the Law Society of Ontario — reach us at 1-844-900-1070 or start a file online.