A will is the most important document most Canadians ever sign. Get it drafted right, kept current, and supported by powers of attorney that work when you need them.
Primary will, multiple wills for share holdings, foreign asset wills, holograph and witnessed forms.
POA for property, POA for personal care, springing vs immediate, capacity assessments.
Certificate of Appointment of Estate Trustee, with and without a will, court fees and Estate Administration Tax.
Asset gathering, debt payment, T3 returns, clearance certificates, distribution to beneficiaries.
Capacity disputes, undue influence, suspicious circumstances, dependant support claims.
Inter vivos and testamentary trusts, alter ego and joint partner trusts, Henson trusts for ODSP recipients.
US assets, Canadian assets owned by US persons, treaty issues, beneficial ownership reporting.
Capacity assessments, guardianship applications, Consent and Capacity Board matters.
Without a will, provincial intestacy rules decide who gets what. In Ontario, a spouse takes the first $350,000 under the preferential share and the balance is divided with children. That outcome may or may not match what you would have chosen. Blended families, common law partners, business interests, and minor children create exposure no intestacy rule handles well. A will, properly drafted and updated after every life event, fixes that.
A POA for property authorises someone to make financial decisions if you cannot. A POA for personal care authorises healthcare and living decisions. Spelling, witnessing, and capacity requirements are strict. Bank-form POAs are too narrow. Holograph or DIY forms are routinely rejected by banks and registries. A lawyer-drafted POA in Ontario costs in the low hundreds and is recognised everywhere.
Probate is the court certification that the will is valid and the named executor has authority to act. The Estate Administration Tax in Ontario is roughly 1.5 percent of the estate over $50,000, with the first $50,000 exempt. Many assets pass outside probate: jointly owned property, beneficiary-designated registered accounts, life insurance with named beneficiaries. Proper planning reduces probate cost meaningfully.
Wills are challenged on capacity, undue influence, and suspicious circumstances. Prevention is documentation. Capacity letters from family physicians or specialists, contemporaneous notes from the drafting lawyer, careful attention to executor and witness selection, and avoidance of last-minute revisions in declining-health circumstances. Vulnerable testators benefit from independent legal advice and audio recording of will reading where appropriate.
A simple will plus two POAs in Canada typically costs $500 to $1,500 per person. Multiple wills for business owners run higher. Probate applications charge a percentage of estate value or a flat fee depending on the firm. Estate disputes run on hourly retainers and can become expensive quickly.
In some provinces marriage no longer revokes a will (Ontario changed this in 2022), but divorce affects gifts to the former spouse. Either way, update your will after every significant life event: marriage, divorce, birth, death, major asset change.
No. Probate is required when financial institutions or land registries demand it before transferring assets. Joint ownership and beneficiary-designated registered plans often pass without probate.
Intestate succession rules apply. The spouse receives the preferential share (currently $350,000) plus a share of the remainder. Children share what is left. Common law partners receive nothing under intestacy.
Yes, on grounds of capacity, undue influence, suspicious circumstances, improper execution, or as a dependant under the Succession Law Reform Act. Time limits apply. Get advice promptly after the will is read.
Simple estates finish in 6 to 12 months. Estates with US assets, business interests, or disputes can take three to five years. The executor remains personally exposed throughout.
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