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Find a Lawyer » Canada Legal Guides » Ontario Legal Guides » Wills & Estate Planning Ontario » Page 13
💡To sell an unassigned pre-construction condo during probate in Ontario, the executor must obtain a Certificate of Appointment of Estate Trustee from the court and secure written consent from the…
💡If the deceased operated a short-term rental in Ontario, the executor must immediately cancel upcoming bookings, secure vacant property insurance, and review municipal licensing. Standard home insurance becomes void, and…
📝In Ontario, if a co-executor refuses to sign essential documents or causes estate gridlock, you can apply to the Superior Court of Justice to compel their cooperation or have them…
🏢If a charity named in an Ontario will no longer exists, the gift does not automatically fail. Under the cy-près doctrine, the Superior Court of Justice can redirect the funds…
💡If a beneficiary outlives the testator but passes away before receiving their inheritance, their share generally “vests” in them. In Ontario, you must pay this share to the Estate Trustee…
💼Removing a corporate trustee (like a major bank or trust company) in Ontario is exceptionally difficult. Beneficiaries must prove to the Superior Court of Justice that the trustee is actively…
💡If a beneficiary in Ontario refuses their inheritance, they must sign a formal legal document called a Disclaimer before accepting any benefit from the asset. The disclaimed asset then falls…
💡While the federal government initially proposed increasing the capital gains inclusion rate to 66.67%, this controversial change was officially cancelled on March 21, 2025. For Ontario estates, the traditional 50%…
💡If you are administering a cash-poor estate in Ontario where the primary asset is a home, you do not have to pay the Estate Administration Tax (EAT) from your personal…
💡Under the Ontario Limitations Act, 2002, creditors generally have two years from the date of default to sue an estate for an unpaid debt. Crucially, the debtor’s death does not…
💡In Ontario agricultural probate, agricultural production quotas issued by provincial marketing boards—such as Dairy Farmers of Ontario (DFO) or Chicken Farmers of Ontario (CFO)—are classified as valuable intangible personal property…
💡When administering an Ontario estate that includes a classic car collection, the executor (estate trustee) must obtain a professional fair market value appraisal to calculate provincial Estate Administration Tax (EAT).…
💡When an Ontario landlord passes away, the Estate Trustee legally assumes all the duties of the landlord under the Residential Tenancies Act (RTA). The executor is strictly responsible for securing…
💡To transfer a deceased owner’s registered trademark in Ontario, the executor can file a formal transfer request with the Canadian Intellectual Property Office (CIPO) using a notarized copy of the…
💔In Ontario, an inheritance is generally excluded from property division during a divorce. However, if an executor distributes the funds directly into a beneficiary’s joint bank account, or if the…
💰In Ontario, if a beneficiary is an “undischarged bankrupt,” their inheritance legally belongs to their creditors. As an executor, you must generally redirect the funds to the beneficiary’s Licensed Insolvency…
💡In Ontario, distributing estate funds to beneficiaries before securing a Canada Revenue Agency (CRA) Clearance Certificate is incredibly dangerous. Under Section 159 of the Income Tax Act, if you empty…
💡Yes. In Ontario, an executor has a strict fiduciary duty to maximize the value of the estate. If you sell the deceased’s real estate to a friend, family member, or…
💡In Ontario, if an executor accidentally overpays a beneficiary, the executor has a fiduciary duty to recover the funds. Under the law of restitution, you can demand repayment because the…
🔑In Ontario, an executor can generally use estate funds to hire a property manager if keeping the property safe and maintained is complex or time-consuming. However, you must avoid the…
💡If you are the executor for a deceased Registered Massage Therapist (RMT) in Ontario, you must comply with the College of Massage Therapists of Ontario (CMTO) and PHIPA. You are…
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Welcome to the Ontario Wills & Estate Planning guide centre. Here you will find comprehensive resources covering everything from drafting a last will and testament to navigating the probate process, based on current provincial regulations.
Planning for the future is an act of care for your loved ones, ensuring your assets are protected and your final wishes are respected. In Ontario, estate planning involves more than just writing a simple document; it encompasses a comprehensive strategy to manage your property, healthcare decisions, and financial affairs after you pass away or if you become incapacitated. A well-structured estate plan prevents familial disputes and minimizes the tax burden on your beneficiaries.
The foundation of estate law in the province is the Succession Law Reform Act (SLRA). This legislation dictates how wills must be executed to be legally valid and outlines the strict rules of intestacy—what happens if you die without a will. Recent updates to Ontario law also recognize the validity of virtual witnessing in specific circumstances, making it more accessible to finalize these vital documents safely and legally.
Estate planning requires careful consideration of various legal instruments. Our resources cover the following key areas:
When an estate requires formal approval or when disputes arise, matters are brought before the Ontario Superior Court of Justice. This is the only court in the province with the inherent jurisdiction to issue a Certificate of Appointment of Estate Trustee (commonly known as probate) or to hear estate litigation cases, such as challenging the validity of a will. Applications are typically filed at the local courthouse in the municipality where the deceased resided.
Several provincial bodies may also be involved in estate matters. The Office of the Public Guardian and Trustee (OPGT) steps in when there is no one available to manage the affairs of an incapable person or to administer an unrepresented estate. Additionally, the Ministry of Finance oversees the collection of the Estate Administration Tax, requiring estate trustees to submit detailed Estate Information Returns outlining the fair market value of the deceased’s assets.
Estate law is highly technical, and even a minor error in drafting a will or a power of attorney can render the document completely invalid. We strongly advise against relying on DIY will kits or attempting to navigate complex estate administration without professional guidance. Mistakes can lead to devastating consequences, including your assets being distributed against your wishes, massive tax liabilities, and bitter, expensive family litigation.
Retaining an experienced estate planning lawyer ensures that your documents comply strictly with the Succession Law Reform Act and that your estate is structured tax-efficiently. You can find a list of relevant local lawyers and government agencies at the top of this page. These professionals can guide you through drafting trusts, calculating probate fees, and ensuring your legacy is protected for the next generation.
Dying without a will is called dying intestate. Your assets will be distributed according to the strict formula set out in the Succession Law Reform Act, which prioritizes your legally married spouse and children. Common-law spouses do not have automatic inheritance rights under intestacy rules in Ontario.
The Estate Administration Tax is charged on the total value of the deceased’s estate. In Ontario, there is no tax on the first $50,000 of the estate’s value. For anything above $50,000, the tax is calculated at $15 for every $1,000 (or part thereof) of the estate’s value.
An Estate Trustee (executor) is appointed in your will to manage your estate and distribute your assets after you die. A Power of Attorney is a legal document granting someone the authority to make financial or healthcare decisions on your behalf while you are still alive but incapable of doing so.
Yes, a will can be challenged in the Superior Court of Justice. Common grounds for challenging a will include allegations that the testator lacked testamentary capacity, was subjected to undue influence, or that the document was not properly executed and witnessed.
No. In Ontario, common-law spouses do not automatically inherit property if their partner dies without a will. However, a surviving common-law partner may be able to make a claim for dependant support against the estate if they were financially reliant on the deceased.
While holograph (handwritten) wills are legal in Ontario if written entirely in your own handwriting and signed by you without witnesses, they are highly prone to ambiguity and legal challenges. Formal typed wills require the signatures of two valid witnesses to be legally binding.