Can a Power of Attorney Change a Will in Ontario? What Attorneys and Families Should Know

Published October 14, 2026 · Meysami Law Professional Corp. · Ottawa

An attorney for property can have broad authority over banking, investments, bills and property, but Ontario law draws a clear line around the grantor's will. The Substitute Decisions Act says a continuing power of attorney may authorize acts the grantor could perform if capable, except making a will. Families should understand that limit before changing ownership, gifts, accounts or assets that may affect the grantor's estate plan.

An attorney cannot make or rewrite the grantor's will

Section 7 of Ontario's Substitute Decisions Act expressly excludes making a will from the authority that a continuing power of attorney for property may give. An attorney therefore cannot sign a new will, add a codicil, replace beneficiaries or execute a testamentary document on the incapable person's behalf.

The attorney manages property during the grantor's lifetime

The role concerns property decisions while the grantor is alive, subject to the document, capacity rules and legislation. Paying expenses, managing accounts, maintaining property or completing an authorized transaction is different from deciding who receives the estate after death. A power of attorney is not a substitute for a will or an estate-trustee appointment.

Transactions can still affect the future estate

Selling an asset, changing an account, making a gift or altering ownership can change what remains in the estate even if the will itself is untouched. Ontario imposes duties on an attorney for property, including acting diligently, honestly and in good faith and keeping required accounts. Significant transactions should be tied to the grantor's interests, the authority granted and reliable records.

Review the existing will and known wishes carefully

Where appropriate and lawfully available, an attorney should identify the current will, related planning documents and instructions without treating them as personal authority to redesign the plan. Preserve originals and avoid informal markings. If a proposed property decision may defeat a specific gift or beneficiary arrangement, obtain fact-specific legal advice before acting.

The power of attorney does not continue as estate authority after death

Ontario describes a power of attorney as authority to make decisions while the person is alive. After death, the estate trustee named in a will or appointed by the court has the estate-administration role. Banks, registries and other organizations may require proof of death and proof of the estate trustee's authority before accepting instructions.

Keep a decision file and seek advice before irreversible steps

Retain the power of attorney, capacity information relied on, account statements, receipts, valuations, correspondence and reasons for major decisions. Do not place account numbers, health details or family disputes in a public inquiry form. Ask a lawyer about unusual gifts, transfers to the attorney, jointly held assets, a home sale or any transaction that may create a conflict or affect the estate plan.

This article is general information as of October 14, 2026, not legal, tax or financial advice. Rules and circumstances can change. Contacting the firm does not create a lawyer-client relationship.