Updated September 8, 2026 · Legally reviewed by Jaspreet Kaur Daley, Ontario Lawyer
When comparing a Will and Power of Attorney package for a couple, check whether it includes two individual Wills, a Continuing Power of Attorney for Property and a Power of Attorney for Personal Care for each person, legal advice, drafting, review and proper signing. Compare the work and exclusions as well as the price.
Mand Daley Law’s Family Protection Plan is $1,500 + HST for suitable straightforward Ontario couples and includes six legal planning documents. The lawyer confirms whether that scope fits your circumstances or additional planning is required.
Why does each
person need separate documents?
A couple may share the same goals, but each person has an individual
will and individual Powers of Attorney.
Your will deals with your estate after your death. Your partner’s
will deals with their estate. Your Powers of Attorney name the people
who may act for you during your lifetime if the authority is needed.
Your partner makes their own appointments.
Couples often choose coordinated or mirror wills. These commonly
leave the estate to the surviving partner first, then to the same
beneficiaries after the second death. Even when the terms are similar,
they remain separate legal documents. A mirror will is not automatically
an irrevocable agreement, and either person may generally change their
own will while capable.
That distinction should be explained clearly before the documents are
signed.
What should a complete
package include?
For suitable, straightforward planning, ask whether the quote
includes all of the following work.
Two individual wills
Each will should name an estate trustee and an alternate, identify
the beneficiaries, deal with the residue of the estate, address what
happens if a beneficiary dies first, and include any appropriate trust
provisions for young beneficiaries. Confirm the agreed scope: additional trust planning or drafting may require a separate quote and is not included in Mand Daley Law’s $1,500 base package.
Parents may also make an appointment concerning decision making
responsibility for a child. Ontario law places conditions on that
appointment, and a court retains authority to decide a parenting
application based on the child’s best interests. The will should not
promise that a parent’s appointment can never be reviewed by a
court.
Two Continuing
Powers of Attorney for Property
A Continuing Power of Attorney for Property can authorize a chosen
person to manage financial matters. Depending on how it is drafted, the
authority can cover banking, bills, investments, real estate and other
property decisions. The word “continuing” means that the authority can
continue if the person who granted it later becomes incapable of
managing property.
The document requires careful choices. A client should understand
when the authority begins, whether any conditions apply, whether
attorneys act jointly or separately, and what limits or compensation
provisions are appropriate.
Two Powers of Attorney
for Personal Care
A Power of Attorney for Personal Care identifies the person or people
who may make personal care decisions if the grantor is incapable of
making the particular decision. Personal care can include health care,
housing, nutrition, clothing, hygiene and safety.
The discussion should cover first and alternate attorneys, possible
disagreement between attorneys, care wishes and any special family
circumstances. Naming someone is not the same as giving them unlimited
authority while the grantor remains capable.
Lawyer
consultation and individualized drafting
A useful package should involve more than inserting names into
standard clauses.
The lawyer should ask about family relationships, legal status,
children, ownership of major assets, beneficiary designations, prior
wills, business interests, foreign property and any person who may
depend on the client for support. These facts can change the advice and
the documents.
The lawyer should also consider capacity and possible undue
influence. These issues are often easier to address properly during
planning than after death, when family members may disagree about the
document.
A review meeting before
signing
Clients should have an opportunity to review the drafts and ask
questions before signing. The lawyer should explain the main choices and
confirm that the documents reflect the instructions.
A review is particularly important when the couple has different
beneficiaries, children from previous relationships, unequal assets,
business interests or concerns about a future dispute.
Proper signing and
Affidavits of Execution
Ontario’s Succession Law Reform Act contains formal
requirements for signing a will. A typical formal will is signed at its
end by the person making it, with two witnesses present at the same
time, and the witnesses also sign in that person’s presence.
An Affidavit of Execution provides sworn evidence from a witness
about how the will was signed. It may be required in a future probate
application and is usually much easier to complete while the signing is
fresh and the witness is available.
Ask whether the quote includes signing coordination, witnesses where
offered, and an Affidavit of Execution for each will.
What should you ask
when comparing prices?
Do not compare only the total at the bottom of the quote. Ask these
questions:
- Is the price for one person or for a couple?
- Exactly how many wills and Powers of Attorney are included?
- Is the lawyer consultation included?
- Are the documents individually drafted or generated from a
questionnaire without legal advice? - Is a review meeting included?
- Are reasonable revisions included before signing?
- Who coordinates the signing and witnesses?
- Are Affidavits of Execution included?
- Is HST included or added separately?
- What circumstances would require additional work and a new
quote?
A clear quote should make the scope understandable before the client
signs a retainer.
When is a standard
package not enough?
A straightforward package is not appropriate for every family.
Additional planning may be required for:
- a blended family or children from a previous relationship;
- a beneficiary with a disability or long term support needs;
- a business, professional corporation or private company shares;
- foreign property or family members in another jurisdiction;
- a cottage or other asset with complicated ownership or tax
concerns; - a dependant who may have a legal support claim;
- a significant risk of family conflict, coercion or a capacity
challenge; - specialized trust planning; or
- a secondary will for assets where that strategy is appropriate.
These circumstances do not necessarily make planning difficult. They
do mean the lawyer needs enough information to recommend the right work
instead of forcing the family into a fixed package.
Can one lawyer
prepare wills for both partners?
One lawyer may act for both partners in an appropriate joint
retainer, but the arrangement has important rules.
The lawyer must remain loyal to both clients and cannot favour one
partner’s interests over the other’s. Information relevant to the joint
matter generally cannot be kept secret from the other joint client. The
lawyer should explain what will happen if a conflict develops. In some
situations, separate legal advice or separate lawyers may be
required.
This is especially important where the partners have different
instructions, children from earlier relationships, unequal obligations,
a marriage contract, a separation history or concerns about financial
control.
Is an
online will kit the same as a lawyer led package?
Ontario law does not require every will to be prepared by a lawyer. A
person can create a valid will without one if the document and signing
comply with the law and the person has the required capacity.
The difference is the advice and process.
A form may record the answers supplied to it. A lawyer can identify
questions the client did not know to ask, explain how the documents work
together, assess legal risks, document the instructions, recommend
changes and supervise execution.
For a very simple situation, a person may decide that a lower cost
option meets their needs. For a couple with a home, children, registered
accounts, insurance or a business, the value often lies in coordination
rather than the number of pages produced.
Four scope questions to settle before proceeding
Ask which family or asset circumstances could require additional work, what happens if your instructions change before signing, how signing and any mobile attendance will be arranged, and what you will receive at completion.
Record the answers beside the quote. An unexplained assumption about travel, trust drafting or revisions can make two prices appear comparable when the underlying services differ. The aim is an agreed scope, not choosing the largest document count.
Discuss the Family Protection Plan and use our Will and POA appointment checklist to prepare the questions that matter.
What
does Mand Daley Law’s Family Protection Plan include?
Mand Daley Law offers the Family Protection Plan for suitable straightforward Ontario couples for $1,500 + HST.
Six legal planning documents:
- 2 Wills;
- 2 Continuing Powers of Attorney for Property; and
- 2 Powers of Attorney for Personal Care.
The service includes a lawyer-led estate-planning consultation, individual planning and drafting, a secure planning questionnaire, lawyer review by phone or Zoom, and a coordinated signing appointment. Mand Daley Law provides two witnesses for your scheduled signing. Signing support includes two Affidavits of Execution. A Will Guide and Power of Attorney Guide are also included.
We don’t leave you to figure out the signing yourself. Mobile signing is available in Mississauga. Outside Mississauga, it may be available by arrangement, with any applicable fee confirmed in advance. Commissioner/notary services are available where required or useful for the matter; notarization is not required to make an Ontario Will valid.
Additional or advanced trust planning, dual or multiple Wills, business interests, complex family structures, significant foreign assets and other work beyond straightforward planning are outside the base package. Lawyer Jaspreet Daley assesses the circumstances and separately scopes and quotes additional work before you proceed.
Initial consultations are by phone or virtual appointment, Monday–Friday, 9–5.
Book a Free 15-Minute Consultation or review the Family Protection Plan details.
You can also read about wills and estate
planning in Mississauga and Powers of Attorney in
Ontario.
Common
questions about will and Power of Attorney packages
Does a Power of
Attorney continue after death?
No. An attorney’s authority ends when the person who granted the
Power of Attorney dies. The estate trustee’s authority relates to
administering the estate after death. The documents serve different
periods and different purposes.
Do common law couples
need separate wills?
Yes. Each person makes an individual will. This is particularly
important because a common law partner does not automatically receive an
intestate share under the definition of spouse used in Ontario’s
intestacy rules, although other fact specific claims may be
available.
Does an estate
planning package include probate?
Usually not. A will and Power of Attorney package prepares documents
during the clients’ lifetimes. Probate is a separate court process that
may be required after a death, depending on the assets and
circumstances.
Should the
original signed documents be kept safely?
Yes. The estate trustee may need the original signed will after
death. Clients should know where the originals are stored and make sure
the estate trustee can locate them when needed, without placing them
somewhere that becomes inaccessible.
Technology supports our lawyers. It does not replace them.
This article provides general information about Ontario law and
is not legal advice. The law and its application can change, and the
appropriate plan depends on the facts. A lawyer client relationship
begins only after Mand Daley Law confirms the engagement in writing and
the required retainer is completed.