Question 1

What happens if I die without a will in Ontario?

Accepted Answer

If you die without a will in Ontario, the Succession Law Reform Act determines how your estate is distributed. Your assets will be divided according to a fixed statutory formula that may not reflect your wishes. For example, if you have a spouse and children, your spouse receives the first $350,000 of your estate, and the remainder is divided between your spouse and children according to set percentages. Without a will, the court appoints an estate trustee, which can be a lengthy and costly process that adds stress to an already difficult time for your family.

Question 2

How often should I update my will?

Accepted Answer

You should review your will every three to five years, or whenever a significant life event occurs. Major changes that should trigger a review include marriage, divorce, the birth of a child or grandchild, the death of a beneficiary or executor, a significant change in your financial situation, or a move to a different province. In Ontario, marriage automatically revokes an existing will unless the will was made in contemplation of that specific marriage. Regular reviews ensure your will continues to reflect your current wishes and circumstances.

Question 3

What is a power of attorney and why do I need one?

Accepted Answer

A power of attorney is a legal document that allows someone you trust to make decisions on your behalf if you become unable to do so yourself. In Ontario, there are two types: a Power of Attorney for Property, which covers financial and property decisions, and a Power of Attorney for Personal Care, which covers health and personal care decisions. Without these documents in place, your family may need to apply to the court for guardianship, which is expensive, time-consuming, and emotionally difficult. Having powers of attorney prepared in advance gives you control over who makes decisions for you.

Question 4

What is probate and how long does it take in Ontario?

Accepted Answer

Probate is the court process that validates a will and confirms the estate trustee's authority to administer the estate. In Ontario, this is formally called a Certificate of Appointment of Estate Trustee. The process typically takes three to six months, though complex estates can take longer. Probate fees in Ontario are calculated at $5 per $1,000 of estate value for the first $50,000, and $15 per $1,000 for the value above that. While not every estate requires probate, most financial institutions and land registry offices will require it before releasing assets or transferring property.

Question 5

Can I write my own will or do I need a lawyer?

Accepted Answer

While Ontario law does allow holographic wills (entirely handwritten and signed by you), a lawyer-drafted will is strongly recommended. Homemade wills are one of the most common sources of estate litigation in Ontario because they frequently contain ambiguities, fail to account for tax implications, or do not comply with formal requirements. A lawyer ensures your will is properly witnessed, clearly drafted, and legally valid. The cost of having a will professionally prepared is modest compared to the potential costs of litigation or unintended consequences from a poorly drafted document.

Wills & Estate Planning

Our Estate Planning Services

Last Wills & Testaments

Powers of Attorney

Trusts

Estate Administration

Probate Applications

Beneficiary Designations

How We Work

Free Consultation

Case Assessment

Strategic Planning

Resolution

Frequently Asked Questions

Need Help with Wills & Estate Planning?