A will and powers of attorney are the quiet documents that decide what happens to the people and the assets you care about, when you can no longer speak for yourself. For families whose lives and property span China and Canada, getting them right is not a formality. It is protection.

Your will

In Ontario, a valid will generally requires that you are at least 18 and mentally capable, that you sign at the end of the document, and that two witnesses who are present at the same time see your signature and then sign themselves. A witness, or a witness’s spouse, should never be a beneficiary. Since 2021, Ontario permits remote execution and witnessing, though original signatures are still needed for probate.

If you die without a valid will, Ontario’s Succession Law Reform Act decides who inherits, and the result is often not what you would have chosen. One trap matters especially for our clients: a common-law partner does not inherit on an intestacy in Ontario, no matter how long the relationship.

Powers of attorney

A Continuing Power of Attorney for Property lets someone you trust manage your finances and property. It can continue to operate if you later become mentally incapable, and unless you say otherwise it can take effect immediately, so the wording matters. A Power of Attorney for Personal Care covers decisions about health care, shelter, safety, nutrition, hygiene and clothing, and takes effect only if and when you become incapable.

Cross-border estates

Assets in two countries raise questions a single-jurisdiction will rarely answers well: whether you need one will or two, who can realistically act as executor from abroad, how foreign documents are recognized, and how property in China is dealt with. We plan these deliberately, so that a document valid in one place does not fail where it is needed.

This page is general legal information about Ontario law and is not legal advice. For your own situation, please book a consultation.