When creating your will or power of attorney documents, it’s important to understand the different roles involved—especially since legal terminology can vary across provinces. This guide clarifies the key roles and their equivalents in each province, using Ontario terms as a common reference point.
Overview of important roles
Below are the core roles you may encounter when preparing estate planning documents. We use Ontario terminology throughout most of our content for consistency, and we've noted how some of these roles may be referred to differently depending on the province.
Testator
Who they are: The person who creates and signs a will.
Terminology: The term testator is used across all provinces, including Ontario, and is the most common label for this role. In older documents, you may also see "testatrix" used to refer to a female testator.
Executor
Who they are: The person appointed in a will to carry out the instructions and administer the estate of the deceased.
Terminology: We refer to this role as an executor, which is the standard term in most provinces. In Quebec, however, the equivalent role is called a liquidator.
Additional notes:
If there is no will or the executor cannot act, the court may appoint an administrator.
In some provinces, such as Alberta and British Columbia, the umbrella term personal representative may be used to refer to executors, administrators, or administrators with the will annexed.
Guardian
Who they are: The individual responsible for caring for a minor child or an incapacitated person.
Terminology: The term guardian is used in Ontario and most other provinces. In Quebec, this role is referred to as a tutor.
Attorney for Property
Who they are: The individual legally authorized to manage someone else's financial affairs and property.
Terminology: In Ontario, this person is called an attorney for property. Other provinces use:
Attorney in British Columbia, Alberta, Manitoba, Nova Scotia, and Quebec
Personal and property attorney in Saskatchewan
In all cases, this refers to someone acting on your behalf and not necessarily a lawyer.
Attorney for Personal Care
Who they are: The person designated to make decisions about healthcare and personal well-being when someone is unable to do so.
Terminology: In Ontario, this role is known as a power of attorney for personal care. Other provinces use:
Representative in British Columbia
Agent in Alberta
Health care proxy in Manitoba and Saskatchewan
Delegate in Nova Scotia
Mandatory in Quebec
Witnesses
Who they are: Individuals who observe the signing of legal documents and verify the signer’s identity and intent.
Terminology: The requirements for witnesses can vary depending on the province and the document being signed. In general, a witness must be an adult who is not a beneficiary or family member of the person signing the document.