Separation Agreement | Canada

Write up an Acknowledgement and Waiver of Independent Legal Advice for a client to sign with this template form for Canadian lawyers.

• The person signing the document acknowledges that he or she has been offered independent legal advice to advise him (her) of the ramifications, effect and scope of the document he or she is signing.
• The person has decided of his or her own free will to waive such independent legal advice.
• This form can be used anywhere in Canada.
• This is a reusable Canadian legal form. Purchase it, download it, save it as a template, use it as often as you require.
• To access the form, add it to your shopping cart and go through checkout, then download.

Put together all the information you need to create your estate plan with this comprehensive Estate Planning Checklist & Questionnaire for Canadian residents.

What is an estate plan and why do I need one?

The purpose of an estate plan is two-pronged: (1) after your death, to distribute your estate assets to the people or organizations that you designate, and (2) while you're still living, to give someone you trust the authority to make financial and healthcare decisions for you if you become unable to do so.

That's a simplified version, but it pretty much sums up the essence of an estate plan. 

The documents that make up your estate plan will include a Will (sometimes accompanied by the formation of a testamentary trust), a Power of Attorney for financial matters, and a Personal Directive (also called a Living Will, Healthcare Directive or Medical Directive), for healthcare and personal care matters.

Every person who owns assets, investments, or personal property that they want passed on to family members or others needs to have a Will, so that your property and personal items are distributed according to your wishes.

And each of us faces the uncertainty of a future time where we may no longer be able—whether physically or mentally—to make decisions for ourselves.

That is why every Canadian adult should make an estate plan—to ensure your wishes are followed, and to give both you and your loved ones peace of mind.

Learn more about making an estate plan in Canada.

What is the scope of this questionnaire?

The Estate Planning Checklist & Questionnaire will help you compile the data and provide the answers your legal and financial advisors will need to prepare your estate plan documents (will, trust, power of attorney, health care directive, etc.).

The Questionnaire will assist you in pulling together information your advisors and executors will need regarding:

• personal and family information
• assets and investments in your name, or jointly held with others
• life insurance policies
• liabilities you are responsible for
• business information, including farming interests
• personal balance sheet and income statement
• a list of documents your legal and financial advisors will want to review
• digital assets and online accounts

There are two versions of the digital assets section. One version is for your executors, which includes log-in details and information about:

• email accounts
• websites and domains you own
• social media, blogs and other user-generated content
• shopping accounts
• affiliate accounts and online revenue streams (such as Etsy, EBay, Amazon Handmade, Kijiji, etc)
• cryptocurrency accounts
• online banking and investment accounts

The other version of this digital assets section is for your lawyer and financial advisor, and does NOT include any usernames, passwords, passkeys, codes or other log-in details.

Once you have answered all questions in each section, you and your advisors will be able to prepare your estate plan documents with ease.

Learn more about digital assets:  What is a digital footprint? Should it be part of your will?

Templates for Canadians by Canadians

This document makes references to Canadian taxes and registered savings plans, but could be used in other countries with relatively minor changes to the specific questions.

The Estate Planning Checklist & Questionnaire for Canada is available as a downloadable MS Word template. You can reuse this document for other members of your family. Buy once, use as often as you like.

Our document templates are created by human professionals, in some instances with assistance from AI tools. They are always reviewed, vetted and finalized by humans. 

MegaDox.com—supplying you with the documents you need to manage your business and your life since 1999.

This Executorship Questionnaire for Canadians will help you choose executors and personal representatives as part of your estate planning process.

• Complete the detailed 14-page questionnaire form with all the pertinent information you need in order to choose the people who will administer your estate after your death, or act on your behalf if you become incapacitated, including: an executor, trustee, guardian for minor children, and attorney under an Enduring Power of Attorney.
• The form also includes instructions for preparing estate planning documents: (will, power of attorney and advance medical directive).
• No need to buy multiple copies for different family members - purchase one copy and use it as often as you like.
• This form is downloadable and fully editable. Available in MS Word format.
• Intended to be used only in Canada.

Use this free downloadable form to prepare an Affidavit of Execution for legal documents in Canada.

• An Affidavit of Execution is also called an Affidavit of Witness or Affidavit of Attestation.
• The affidavit must be sworn by a person who witnessed a legal document being signed.
• It must be given in front of an officer of the Court, such as a Commissioner for Oaths or a Notary Public.
• This form can be used in any province or territory of Canada by filling in the appropriate jurisdiction where indicated.
• The Affidavit of Execution form is free to download and use.
• For use only in Canada.

Make your will and plan for the future with this package of estate planning documents for the Province of Ontario—Will, Power of Attorney, and Personal Directive.

Planning ahead is one of the most important steps you can take to protect your family, your finances, and your future.

This comprehensive Ontario Estate Planning Package includes the essential legal documents you need to prepare for unexpected events, manage your affairs if you become unable to do so, and ensure your wishes are respected.

The downloadable, editable forms in this package allow you to create, update, and organize your estate planning documents from the comfort of your own home.

Learn more about making a will in Ontario.

What is included in the Ontario Estate Planning Package?

Designed specifically for residents of the Province of Ontario, this convenient downloadable package includes the following professionally prepared templates:

1. Ontario Continuing Power of Attorney for Property

The Continuing (or Enduring) Power of Attorney for Property lets you name someone you trust to manage your property and financial affairs on your behalf, if you are unable or choose not to manage them yourself.

The powers your attorney is entrusted with can include:

• Managing bank accounts and investments
• Paying bills and expenses
• Handling real estate and property matters
• Managing business and financial transactions
• Filing tax returns
• Signing documents
• Dealing with government agencies and other organizations

A Continuing Power of Attorney is an important part of an Ontario estate plan because it allows you to choose who will act on your behalf rather than leaving decisions to be made without your input.

2. Ontario Revocation of Power of Attorney Form

This Revocation of Power of Attorney form allows you to formally cancel a previously granted Power of Attorney.

Use this document when you want to terminate an existing appointment and no longer wish the named attorney to have authority to act on your behalf.

3. Ontario Power of Attorney for Personal Care

The Power of Attorney for Personal Care allows you to name an agent to make health care and personal care decisions on your behalf if you become unable to make decisions or communicate your wishes.

You can give your agent the authority to make decisions concerning: 

• health care and medical treatment decisions
• nutrition and dietary decisions
• decisions about where you will live (assisted living facility, seniors’ home, nursing home, etc);
• personal care and hygiene decisions
• activities and social interactions
• generally, all types of medical and lifestyle decisions.

4. Ontario Personal Directive

An Ontario Personal Directive allows you to give instructions regarding health care and end-of-life decisions, in the event:

1. you are diagnosed with a terminal condition or are in a "persistent vegetative state" (pursuant to the Ontario Health Care Consent Act, 1996) with no reasonable expectation of recovery, and
2. you are not able to make or communicate those decisions to your healthcare providers.

The Personal Directive gives you a way to set out your instructions whether you want or do not want to be administered certain procedures, including:

• artificial life support
• tube feeding and hydration
• blood transfusions
• surgery
• hospitalization

 Making an Ontario Personal Directive clarifies your wishes and instructions for your health care providers and your family and loved ones.

5. Legal Will Kit for Canada (Including Ontario Requirements)

This comprehensive Canadian Legal Will Kit provides the information, instructions, and forms needed to prepare your own legally structured will.

The Canadian Will Kit package includes:

• A customizable Last Will and Testament template
• Step-by-step information and instructions
• Guidance to help you complete your will correctly
• Ontario Affidavit of Execution of Will form
• Comprehensive estate planning questionnaire

Creating a will allows you to:

• Decide how your property and assets will be distributed
• Name beneficiaries
• Appoint an executor to administer your estate
• Provide instructions regarding your final wishes
• Help reduce uncertainty and stress for your family

6. Ontario Codicil to Will

An Ontario Codicil to Will allows you to make certain changes or additions to an existing will without preparing an entirely new document.

A codicil may be useful when you need to update your estate plan because of changes such as:

• Adding or removing a beneficiary
• Changing an executor
• Updating specific gifts or instructions
• Reflecting changes in your personal circumstances

Why do you need an Ontario estate plan?

Many people put off estate planning because they assume it is only necessary for seniors, or for people with significant assets. In fact, every Canadian adult can benefit from having documents that explain their wishes and appoint trusted decision-makers.

Without proper planning, your family may face additional stress, delays, or uncertainty when dealing with your financial affairs, health care decisions, or estate administration.

A complete Ontario estate plan can help you:

• Make the decision-making process easier for your family and loved ones
• Maintain control over important healthcare and financial decisions
• Choose who manages your affairs if you become unable to do so
• Clearly communicate your wishes

Save money with a complete Ontario estate planning package

Purchasing this all-in-one Ontario Estate Planning Package saves almost 50% compared with purchasing each document separately.

These downloadable forms are reusable and can be used by more than one person in your household, making this an affordable and practical way to organize your estate planning documents.

Prepare your Ontario will, Powers of Attorney, and Personal Directive today and gain the peace of mind that comes from knowing you have planned for the future.

Additional Resources

• What is estate planning?, IG Wealth Management
• Why every Canadian should make a legally valid will, Empire Life
• Explaining the words and phrases commonly found in a Will, MegaDox.com
• Top Tips to Avoid Estate Tax in Canada, Munroe & Crawford