Frequently Asked Questions
Do I need a lawyer to make my documents?
No, generally speaking you do not need a lawyer or a paralegal to make your documents. You can make your own Will without the need for anyone else except for 2 witnesses to sign who are not beneficiaries nor related to beneficiaries named in your Will. Although it is strongly recommended that you seek the assistance of a legal professional to help you.
How old do I have to be to make estate planning documents?
The age at which you need to be to make certain estate planning documents varies across the provinces and territories. Unless you are in the military, in order to make a legally valid Will in Canada, you must be the age of majority in your province/territory. The same rule applies for making Enduring Power of Attorney documentation.
Why do I need a Commissioner for Oaths for the Power of Attorney documents in some provinces?
Depending on where you live in Canada, your Enduring Power of Attorney may be valid if it is executed in accordance with the witness requirements, HOWEVER, the land titles office/registry may not recognize the document as sufficient for their registration and transfer purposes. In order to ensure that the documents are considered sufficient for all uses, the Power of Attorney documents we generate include the need to have either a witness swear an affidavit before a Commissioner for Oaths or Notary Public, OR complete certain sections of the document. This all depends on the laws in the jurisdiction in which you reside.
Why don’t you provide information on estate planning documents for residents of Quebec?
The Province of Quebec has a legal system that is based on Civil Law, whereas the remainder of Canada operates based on the Common Law. These are two different legal systems. Civil Law is the legal system in most of Europe, while Common Law is the legal system in the UK, Australia, the USA and the majority of Canada. Currently, we do not have access to legal professionals for guidance on the creation of documents/products for our customers that meet the requirements of Quebec’s Civil Law.
Why don’t you offer information on Enduring Power of Attorney documents for Nunavut Territory?
As it turns out, Nunavut is the only jurisdiction in Canada that currently does not have legislation that authorizes nor recognizes the legal validity of the creation of an Enduring Power of Attorney.
Why do you call the document dealing with health care decisions a “Personal Directive” when the law in my province calls it by another name?
Depending on your jurisdiction, some provinces and territories in Canada refer to a document that allows you to appoint another person to make health care and/or personal decisions for you, when you lack capacity, as:
A Personal Directive;
A Living Will;
A Representation Agreement;
A Power of Attorney for Personal Care;
An Enduring Power of Attorney for Personal Care;
An Advanced Health Care Directive;
An Advance Directive;
A Health Care Directive; or
An Enduring Power of Attorney Appointing a Personal Attorney.
The substance of these documents is largely the same. However, since the majority of Canadian jurisdictions refer to the document as a “Personal Directive”, for the purposes of this site we use that term.
Why do you call the document dealing with financial decisions an “Enduring Power of Attorney” when the law in my province calls it by another name?
Depending on your jurisdiction, some provinces and territories in Canada refer to a document that allows you to appoint another person to make financial and property decisions for you, when you lack capacity, as:
An Enduring Power of Attorney;
A Continuing Power of Attorney for Property;
An Enduring Power of Attorney for Property; or
An Enduring Power of Attorney Appointing a Property Manager.
The substance of these documents is largely the same. However, since the majority of Canadian jurisdictions refer to the document as an “Enduring Power of Attorney”, for the purposes of this site we use that term.