Wills & Estates
Why Every Ontario Adult Needs a Will and Powers of Attorney
What happens in Ontario if you die without a will or lose capacity without powers of attorney, and how three documents protect you and your family.
4 min read
Practice area
Wills & Estates Lawyer in Mississauga
A will and powers of attorney give you a say in what happens to your property and your care, and they spare your family difficult decisions at an already hard time. We prepare clear, carefully executed estate planning documents and guide families through the administration of an estate when a loved one passes away.
How we help
Wills & Estates services
Wills
Wills tailored to your family, including guardianship wishes for minor children and planning for blended families.
Powers of attorney
Continuing powers of attorney for property and powers of attorney for personal care.
Estate administration
Step-by-step guidance for estate trustees, from gathering assets to final distribution.
Probate (Estate Certificates)
Applications for a Certificate of Appointment of Estate Trustee and estate administration tax filings.
Intestacy guidance
Advice when someone has died without a will, including who may administer and who inherits.
Making a valid will in Ontario
A formal will in Ontario must be in writing and signed at the end by you in the presence of two witnesses who are present at the same time and who also sign. A witness, or a witness's spouse, should not be a beneficiary. A will written entirely in your own handwriting and signed by you can also be valid without witnesses, but it is more likely to be misunderstood or challenged.
Life events affect your will. Since 2022, getting married no longer automatically revokes a will in Ontario, and a separated spouse may be treated as if they had died before you in certain circumstances. Reviewing your will after marriage, separation, a birth or a major purchase is wise.
Powers of attorney
A continuing power of attorney for property lets someone you trust manage your finances if you become unable to. A power of attorney for personal care lets someone make health and care decisions for you. Without them, your family may need to apply to court or to the Office of the Public Guardian and Trustee before they can act.
Administering an estate
An estate trustee (sometimes called an executor) must locate the will, collect the deceased's assets, pay debts and taxes, keep accounts and distribute what remains to the beneficiaries. Banks and land registry offices often require a Certificate of Appointment of Estate Trustee, commonly called probate, before releasing or transferring assets.
Ontario charges estate administration tax on the value of assets that pass through probate. There is no tax on the first $50,000 of the estate's value and the tax is $15 for every $1,000 (or part) above that amount. A simplified process is available for small estates valued at $150,000 or less.
When there is no will
If a person dies without a will, Ontario law decides who inherits. A married spouse receives a preferential share and the balance is divided between the spouse and children. Common-law partners do not inherit automatically, although they may have other claims, such as for support.
We help families understand who is entitled to apply to administer the estate and what steps come next.
What to expect
How your matter will proceed
Step 1: Planning meeting
We discuss your family, assets and wishes, and explain your options in plain language.
Step 2: Drafts for review
You receive draft documents to review, and we make any changes you need.
Step 3: Signing
Documents are signed with proper witnessing so they meet Ontario's formal requirements.
Step 4: Safekeeping
We discuss safe storage of your original will and when to review it in the future.
What to bring to a wills meeting
- Valid government-issued photo identification
- Full names of your spouse, children and other intended beneficiaries
- Names of the people you would like as estate trustee, guardian and attorney (and alternates)
- A general list of assets and debts, including real estate, accounts and business interests
- Any existing will or powers of attorney
- Details of property owned outside Ontario, if any
Questions
Wills & Estates FAQ
Can I write my own will?
You can, but homemade wills are a common source of disputes because of unclear wording or improper signing. A lawyer-prepared will is drafted to reflect your wishes and is signed correctly.
What happens if I die without a will?
Your estate is distributed according to a fixed formula in Ontario law, which may not reflect your wishes, and your family may face extra cost and delay to have someone appointed to administer it.
Does every estate need probate?
Not always. It depends on the assets, how they are owned and what the institutions holding them require. Jointly owned assets and accounts with named beneficiaries may pass outside the estate. We review the circumstances with the estate trustee.
Who should I choose as my estate trustee?
Choose someone trustworthy, organized and willing to take on the role, and name an alternate. We discuss the practical responsibilities with you so you can choose with confidence.
How often should I update my will?
Review it every few years and after major life events such as marriage, separation, the birth of a child, a move or the purchase or sale of a business or property.
Learn more
Related resources
Related practice areas
Other ways we can help
Talk to a lawyer about your wills & estates matter
Book a consultation with Baljit Singh Sandhu at our Mississauga office. We will listen, explain your options in plain language, and discuss fees before any work begins.