What should a will include to cover my estate properly in Ontario?
A well-drafted Ontario will typically covers several key elements. It should identify you (the testator) clearly — full legal name and address — and revoke any prior wills. It should appoint an estate trustee (sometimes called an executor), the person responsible for carrying out your wishes, and ideally name an alternate in case your first choice cannot or will not serve.
The will should address your assets in two layers: specific gifts (particular items or accounts going to named people) and the residue — everything left over after debts, expenses, and specific gifts are paid. Without a clear residuary clause, assets not specifically mentioned may fall into intestacy.
If you have minor children, the will should name a guardian and, often, set up a trust to hold their inheritance until they reach an age you choose. You should also address what happens if a beneficiary dies before you — these are called "lapse" provisions.
Other common elements include funeral instructions, pet care provisions, and authorization for the estate trustee to act without court supervision. While these provisions are not all legally required, they reduce ambiguity and make administration smoother. A lawyer can tailor the document to your specific family and asset situation.
Key takeaways
- Name an estate trustee and an alternate, and clearly revoke prior wills
- Include a residuary clause to capture everything not specifically gifted
- Provide for minor children with guardian appointments and trust provisions
- A lawyer tailors the will to your family structure and specific assets