Wills and Power of Attorney in Canada: What Newcomers Need to Know

Why Newcomers Need a Will and Power of Attorney

Estate planning is not something most newcomers think about when they first arrive in Canada. You are focused on finding housing, learning the language, getting a job, and settling your family. However, having a will and power of attorney in Canada is important for everyone, and it is especially important for newcomers who may have assets, family, and obligations in more than one country.

A will made in your home country may not be valid or enforceable in Canada. Canadian provinces have their own laws about estates, inheritance, and decision-making authority. Without proper Canadian legal documents, your family could face significant delays, costs, and stress if something happens to you.

This guide explains the basics of wills and power of attorney for newcomers, including what they are, why you need them, what they cost, and how to get them.

Understanding Wills in Canada

What Is a Will?

A will is a legal document that states how you want your property, money, and other assets distributed after you die. It also lets you name a guardian for your minor children, choose an executor (the person who carries out your wishes), and leave specific instructions about your funeral or other personal matters.

In Canada, wills are governed by provincial and territorial law. Each province has slightly different requirements for what makes a will valid. Generally, you must be at least 18 years old (19 in some provinces), be of sound mind, and sign the will in the presence of two witnesses who also sign.

What Happens Without a Will (Dying Intestate)?

If you die without a will, you are said to have died "intestate." When this happens, the province where you lived decides how your assets are distributed according to a fixed formula. This formula may not match your wishes at all.

For example, in British Columbia under the Wills, Estates and Succession Act (WESA):

• If you have a spouse and no children, your spouse receives everything
• If you have a spouse and children who are also your spouse's children, your spouse receives the first $300,000 and then 50% of the remainder
• If you have a spouse and children from a previous relationship, your spouse receives the first $150,000 and then 50% of the remainder
• If you have no spouse, your assets go to your children equally
• If you have no spouse and no children, assets go to your parents, then siblings, then more distant relatives

Making a Will in Canada

Using a Lawyer

The most reliable way to create a will is through a lawyer who specializes in estate law. A lawyer can ensure your will is properly drafted, legally valid, and accounts for your specific situation, including any assets or obligations you have outside Canada.

The cost of a basic will through a lawyer typically ranges from $300 to $1,000 for an individual. A couple's package (called "mirror wills") usually costs $500 to $1,500. More complex estates with multiple properties, business interests, or cross-border assets can cost significantly more.

You can find a lawyer through the Law Society of your province. In BC, use the Law Society of British Columbia's lawyer directory. Many lawyers offer free or low-cost initial consultations.

Online Will Services (DIY)

Several online platforms allow you to create a basic will at a lower cost, typically $40 to $200. Popular services in Canada include Willful, Epilogue, and LegalWills.ca. These tools guide you through a series of questions and generate a will based on your answers.

Online wills are legally valid in most provinces as long as they are properly printed, signed, and witnessed. However, they may not be suitable if you have a complex estate, assets in multiple countries, or specific cultural or religious requirements for inheritance.

Holographic Wills

Some provinces, including Alberta, Saskatchewan, Manitoba, Ontario, and Quebec, recognize holographic wills. A holographic will is entirely handwritten and signed by you, with no witnesses required. British Columbia does not recognize holographic wills as automatically valid, although a court may choose to validate one under certain circumstances.

Even in provinces where holographic wills are valid, they are not recommended as your primary estate plan. They are more likely to be challenged, misinterpreted, or lost.

Understanding Power of Attorney

What Is Power of Attorney?

A power of attorney (POA) is a legal document that gives someone you trust the authority to make decisions on your behalf. Unlike a will, which takes effect after death, a power of attorney is used while you are alive but unable to make decisions for yourself, for example, due to illness, injury, or mental incapacity.

Types of Power of Attorney

There are two main types of power of attorney in most Canadian provinces:

1. Power of Attorney for Property (or Finances)

This document gives your chosen person (called your "attorney" in legal terms, though they do not need to be a lawyer) the authority to manage your financial affairs. This includes paying bills, managing bank accounts, filing tax returns, selling property, and making investment decisions.

You can create a "continuing" or "enduring" power of attorney for property, which remains valid even if you become mentally incapable. This is the most important type for planning purposes, because it covers the scenario where you cannot manage your own affairs.

2. Power of Attorney for Personal Care (or Health Care)

This document (sometimes called a "representation agreement" in BC or an "advance directive" in other provinces) gives someone the authority to make decisions about your personal care, including medical treatment, housing, nutrition, hygiene, and safety. In British Columbia, this is governed by the Representation Agreement Act.

Choosing Your Attorney

Your attorney should be someone you trust completely. They must be at least 19 years old in BC (18 in some provinces) and should be someone who understands your values, financial situation, and wishes. Many people choose a spouse, adult child, or close friend.

For newcomers, choosing an attorney can be challenging if your closest family members live in another country. Your attorney generally needs to be available in Canada to manage your affairs. Consider naming a trusted friend or community member in Canada, or consult a lawyer about naming someone abroad with a local alternate.

Provincial Differences

Province	Will Witnesses Required	Personal Care Document Name	Holographic Will Valid?
British Columbia	2	Representation Agreement	Not automatically
Ontario	2	POA for Personal Care	Yes
Alberta	2	Personal Directive	Yes
Quebec	2 or notarized	Mandate of Protection	Yes
Manitoba	2	Health Care Directive	Yes

Costs of Estate Planning

Here is a summary of typical costs for estate planning documents in Canada:

• Basic will (lawyer): $300 to $1,000 per person
• Mirror wills for couples (lawyer): $500 to $1,500
• Power of attorney for property (lawyer): $100 to $300
• Power of attorney for personal care (lawyer): $100 to $300
• Complete estate planning package (lawyer): $500 to $2,000 for a couple
• Online will service: $40 to $200

Many lawyers offer package deals that include a will, POA for property, and POA for personal care. This is usually the most cost-effective approach if you are using a lawyer.

Free and Low-Cost Legal Help

If you cannot afford a lawyer, there are options:

• Legal aid: Some provinces offer free legal help for low-income individuals. In BC, contact the Legal Services Society.
• Pro bono clinics: Many law societies and community organizations run free legal clinics where lawyers volunteer their time.
• Settlement agencies: Organizations like MOSAIC and ISSofBC may offer legal information sessions or referrals.
• People's Law School: Provides free legal education resources in plain language.

Estate Planning Checklist for Newcomers

• Make a list of all your assets in Canada and abroad (bank accounts, property, investments, vehicles)
• Create a Canadian will using a lawyer or online service
• Consider a separate will for assets in your home country
• Set up a power of attorney for property (enduring/continuing)
• Set up a power of attorney for personal care (representation agreement in BC)
• Choose your executor and attorneys carefully and make sure they agree to serve
• Store your documents safely and tell your executor where to find them
• Review your documents every few years or after major life events (marriage, divorce, new child, buying a home)
• Update beneficiary designations on your bank accounts, insurance policies, and retirement savings

How WelcomeAide Can Help

Estate planning can feel overwhelming, especially when you are managing it in a new country with unfamiliar legal systems. WelcomeAide's programs help newcomers understand their legal rights and access the services they need.

Our multilingual AI chat assistant can answer your questions about wills, power of attorney, and other legal topics in your preferred language. Visit our about page to learn about our mission, check our impact page, or explore more settlement guides on our blog.

Do not wait until it is too late. Protect your family and your assets by creating a will and power of attorney as part of your settlement in Canada.