Wills & Estate Planning
Planning for the future is a critical step in protecting your family, your assets, and your wishes. In Ontario, wills and estate matters are governed by several statutes, including the Succession Law Reform Act, Estates Act, and Trusts laws. At GS Arora Law, we help individuals create clear and legally enforceable plans to manage their affairs both during their lifetime and after death.
We also assist executors, beneficiaries, and family members with estate administration and probate, ensuring compliance with Ontario's legal requirements.
Understanding Wills in Ontario
A will is a legally binding document that outlines how your assets should be distributed after your death. To be valid in Ontario, a will must:
- Be in writing
- Be signed by the testator (the person making the will)
- Be witnessed by two individuals (not beneficiaries or spouses of beneficiaries)
- Reflect the testator's clear intention and mental capacity
A valid will ensures that your estate is distributed according to your instructions. Without one, your estate will be divided under Ontario's intestacy rules, which may not align with your personal wishes.
Types of Wills in Ontario
- Formal Will – Signed in the presence of two witnesses
- Holograph Will – Entirely handwritten and signed by the testator
- Multiple Wills – Common for business owners to separate private and corporate assets for probate purposes
- Codicils – Used to make minor changes to an existing will
We work with clients to determine which format is most appropriate based on the nature of their assets and their family circumstances.
Powers of Attorney and Incapacity Planning
In addition to wills, Ontario law allows individuals to create Powers of Attorney under the Substitute Decisions Act:
- Continuing Power of Attorney for Property – Appoints someone to manage your financial affairs if you become incapable
- Power of Attorney for Personal Care – Appoints someone to make health and personal care decisions if you are unable to
These documents are crucial for protecting your rights and wishes during periods of incapacity and should be part of every complete estate plan.
Estate Administration and Probate
If someone dies with a will, the executor must apply to the Ontario Superior Court of Justice for a Certificate of Appointment of Estate Trustee with a Will (probate). This legal document confirms the executor's authority to:
- Collect and manage assets
- Pay debts and taxes
- Distribute the estate to beneficiaries
If there is no will, a Certificate of Appointment of Estate Trustee Without a Will is required. In either case, the law requires careful recordkeeping, court filings, and notification to beneficiaries.
What Happens Without a Will?
If a person dies intestate (without a will), Ontario's Succession Law Reform Act determines how the estate is divided:
- The spouse receives the preferential share (currently $350,000 as of 2024)
- The remainder is divided among the spouse and children
- If no spouse or children, the estate passes to parents, siblings, or next of kin
A family member must apply to become the Estate Trustee Without a Will and may need to post a bond unless exempt.
Estate Litigation and Disputes
Common reasons for estate disputes include:
- Allegations of undue influence or lack of capacity
- Disputes over interpretation of will clauses
- Claims for support by dependents under the Succession Law Reform Act
We represent clients in estate disputes and offer guidance on litigation, mediation, or negotiated resolutions when conflicts arise.
Wills Lawyer Ontario
Creating a will is one of the most important acts of care you can take for your loved ones. However, Ontario estate laws are precise and complex. A mistake, ambiguous phrase, or improper witnessing can lead to costly legal disputes and may result in your wishes not being honoured.
An experienced Wills lawyer in Ontario provides tailored legal advice to structure your estate plan in a way that protects your assets, minimizes tax liabilities, and prevents conflicts among beneficiaries.
Why Choose GS Arora Law
Our legal team has extensive experience in Ontario wills and estate planning. We provide clear guidance on estate matters, ensure all legal requirements are properly met, and protect your family's interests throughout the process. Whether you need a simple will, complex estate planning, or probate assistance, we help you plan for the future with confidence.
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