Will Preparation Under Ontario Law

Preparing a will under Ontario law ensures your assets are distributed according to your wishes. It provides clarity, protects loved ones, and helps simplify estate matters for your family’s future.

Succession Law Reform Act Compliance

• We ensure wills meet formal execution requirements (two independent witnesses, proper signatures)
• Verify testamentary capacity at time of will signing
• We confirm absence of undue influence or coercion
• Draft wills that comply with Ontario’s intestacy rules when applicable
• Include mandatory spousal election provisions where required

Family Law Act Considerations

• Address matrimonial home rights and spousal entitlements
• Ensure compliance with spousal support obligations
• Consider Part I (Family Property) and Part II (Support) claims
• Draft provisions that account for separated spouses’ rights
• Include necessary family law waivers when appropriate

Protecting Your Children’s Financial Future

We help you think through all the important considerations when choosing a guardian for you minor dependent, draft clear appointment clauses in your will, and ensure both parents’ wills are properly coordinated. We also prepare supporting documents like guardian consent letters and discuss trust arrangements for your children’s inheritance. During this stage, we ensure your guardianship provisions comply with Ontario’s Children’s Law Reform Act and address any unique family circumstances that might affect the appointment.

Understanding the Key Players of your Wills & Estates

Testator

The person who creates and signs the will. They must be at least 18 and mentally capable. The testator decides how assets will be distributed, who manages the estate, and guardians for minor children. They can change their will anytime while capable.

Executor (Estate Trustee)

Appointed to carry out the will after death. Called “Estate Trustee with a Will” in Ontario. They apply for probate, gather assets, pay debts/taxes, and distribute inheritances. Executors must act in the estate’s best interest.

Beneficiary

Anyone named to receive estate assets. They may inherit items, money, or percentages of the estate. Beneficiaries can request updates, receive inheritances within reasonable time, and challenge a will if unfair or invalid.

Guardian

Appointed to care for minor children if both parents die. Guardians handle daily care, education, medical decisions, and wellbeing. Formal court recognition is required.

Trustee

Manages trust assets for minors or those unable to do so. Trustees handle investments, distributions, and records. They must act in the beneficiaries’ best interests.

Witnesses

Two independent adults who sign the will alongside the testator. They must be 18+, present together, and not beneficiaries (or they lose inheritance).

Power of Attorney for Property

Manages finances if the testator becomes incapable. Covers bills, investments, and property. Ends at death.

Power of Attorney for Personal Care

Makes healthcare and personal care decisions if the testator becomes incapable. Ends at death.

Dependants

Spouses, children, parents, or others financially dependent on the deceased. They may claim support under Ontario’s Dependants’ Relief Act.

Contingent Beneficiaries

Backup inheritors if primary beneficiaries die first or cannot inherit. Prevents assets going to unintended recipients.

Residual Beneficiaries

Receive what remains after debts, taxes, and specific gifts are settled. Often includes spouse or children.

Each of these roles carries specific legal obligations and rights under Ontario law, and understanding these relationships is crucial for proper estate planning and administration.