Will Documents Execution Checklists

These checklists will be sent with the Final Copy of your Will Documents.

Last Will Checklist:

1. Review Will Document

   • Carefully read and review your Last Will and Testament.
   • Do not proceed to the next step until you fully understand and agree with the contents of this document.

2. Signing and Witnesses

   • The law requires two individuals to witness your signature.
   • Each witness must be the age of majority and mentally competent.
   • Both witnesses must be present at the same time and sign the last page alongside you.
   • The following individuals, including their spouses or common-law partners, CANNOT serve as witnesses:
     • Executors of your Will
     • Guardians, Pet guardians, backups
     • Potential beneficiaries of your Estate

3. (Recommended) Have one of your witnesses complete an Affidavit of Execution

   • Your will is legally valid as long as you follow the signing/witnessing instructions.
   • However, after you pass away, your estate may be required to go through probate. If probate is required, your Executor has to provide an Affidavit of Execution completed by your witnesses. The Affidavit must be signed before someone authorized to receive sworn or affirmed statements in your province (i.e., a lawyer, notary, or commissioner of oaths).
   • If you update your will in the future, you will need to get a new Affidavit of Execution.

4. Store in a safe place

   • Store your documents in a secure location that your Executor can easily access, such as a filing cabinet or locked drawer.
   • Ensure your Executor and a trusted family member know where your documents are stored.
   • Provide your Executor and a family member with clear instructions on how to access these documents in case of an emergency.

Power of Attorney for Property Checklist:

1. Review Will Document

   • Read and review your Power of Attorney for Property carefully.
   • This document authorizes your chosen Attorney to act on your behalf regarding your property and financial situation.
   • This only takes effect if and when you become mentally incapable of managing your affairs.
   • Certain people CANNOT be your Attorney:
     • Any person who provides paid health care, residential, training, or support for you where you live, unless they are your spouse or relative.
     • Your landlord, social worker, counsellor, teacher, doctor, nurse, therapist, homemaker, attendant, or other health care provider.

   • If you need to make any changes, go back and make them, then reprint this document.

   • Do not proceed to the next step until you fully understand and agree with this document.

2. Signing and Witnesses

   • The law requires two individuals to witness your signature.
   • Each witness must be the age of majority and mentally competent.
   • The witnesses must be present at the same time, and sign the last page with you together.
   • You and your witnesses must also initial each page (except the last) in the spaces provided.
   • The following individuals, including their spouses or common-law partners, CANNOT serve as witnesses:
     • Your spouse, common law partner, child, or anyone that you treat as your child.
     • Your chosen Attorney, or their spouse or common law partner.
     • Anyone whose property is under your guardianship.
     • Anyone who has a child of yours under their guardianship.

3. Store in a safe place

   • Store your documents in a secure place that your Attorney can access, such as a filing cabinet or secure drawer.
   • Ensure your Attorney and a family member know where your documents are stored.
   • Give your Attorney and a family member instructions on how to access them in an emergency.

Power of Attorney for Personal Care Checklist:

1. Review Will Document

   • Read and review your Power of Attorney for Personal Care carefully.
   • This document authorizes your Attorney to make your personal and health care decisions.
   • This only takes effect if and when you become mentally incapable of managing your affairs.
   • Your Attorney and service providers must continually determine whether you have mental capacity.
   • You may be able to make some decisions and not others.
   • Certain people CANNOT be your Attorney:
     • Any person who provides paid health care, residential, training, or support for you where you live, unless that person is also your spouse, common law partner, or relative.
     • Your landlord, social worker, counsellor, teacher, doctor, nurse, therapist, homemaker, attendant, or other health care provider.

   • If you need to make any changes, go back and make them, then reprint this document.

   • Do not proceed to the next step until you fully understand and agree with this document.

2. Signing and Witnesses

   • The law requires two people to witness your signature.
   • Each witness must be the age of majority and mentally competent.
   • The witnesses must be present at the same time, and sign the last page with you together.
   • You and your witnesses also initial each page (except the last) in the spaces provided.
   • The following individuals, including their spouses or common-law partners, CANNOT serve as witnesses:
     • Your spouse, common-law partner, child, or anyone that you treat as your child.
     • Your chosen Attorney, or their spouse or common-law partner.
     • Anyone whose property is under your guardianship.
     • Anyone who has a child of yours under their guardianship.

3. Store in a safe place

   • Store your documents in a secure place that your Attorney can access, such as a filing cabinet or secure drawer.
   • Ensure your Attorney and a family member know where your documents are stored.
   • Give your Attorney and a family member instructions on how to access them in an emergency.