Wills & Estates
About This Practice
A will is your written instructions for who gets what and who is in charge after you die. Under Ontario's Succession Law Reform Act, if you die without a valid will, the province's intestacy rules decide how your estate is divided among your relatives — not you. A clear will, plus powers of attorney for property and personal care, keeps those decisions in your hands.
When someone passes away, the person named as estate trustee usually has to apply to the Ontario Superior Court of Justice for a Certificate of Appointment — what most people call probate. In Ontario, Estate Administration Tax applies: the first $50,000 of estate value is exempt, then roughly $15 for every $1,000 above that. The certificate itself often takes about 4 to 12 weeks, and settling a full estate commonly runs 6 to 12 months.
Estate trustees in Ontario also carry real duties: locating assets, paying debts and taxes, and distributing what is left to beneficiaries. That is a lot to handle while grieving, which is why many people bring in a lawyer.
How We Work
We start by understanding your family and what you actually own, then draft documents in plain language so you know exactly what they do. For estate trustees, we handle the probate application, court forms, and tax filings, and we keep you on track through each step so nothing gets missed.
Contact the firm to speak with a lawyer in this practice area.
Frequently Asked
Not always. In Ontario, probate is usually needed when a bank, the land registry, or another institution asks for a Certificate of Appointment before releasing assets. Smaller estates or jointly held property can sometimes pass without it. We can review the specific assets and tell you whether probate is likely required.
Under Ontario’s Succession Law Reform Act, the estate is distributed by the province’s intestacy rules — a fixed formula based on who survives the person. A spouse and children receive set shares, and there is no room for personal wishes. Someone still has to apply to court to be appointed estate trustee.
Timelines vary with the estate's complexity and the court's current backlog. We guide executors through each step and keep the application moving.
Costs vary with the complexity of your assets and family situation, so we give a clear quote before any work begins. A straightforward will and powers of attorney package is generally a modest, fixed fee. More complex estates with businesses, trusts, or blended families take more planning and cost more.