700 plain-language Q&As about wills & estates. Browse below, or search the whole library.
Yes, and you should do so promptly. Like marriage under the current rules, the birth or adoption of a child does not automatically revoke your existing…
Read the full answer →Not automatically, no — naming an alternate executor solves the problem of who steps in if the first choice can't or won't act, but it doesn't, on its…
Read the full answer →A Notice of Objection can generally be amended after filing, for example to add a further ground for objecting to the will, correct an error, or update…
Read the full answer →Usually, yes. Where someone has already been confirmed as executor under another country's process, but the deceased also owned property in Ontario,…
Read the full answer →Generally, yes — an Ontario grant doesn't automatically give an estate trustee authority over property in another province. Each Canadian province and…
Read the full answer →Ontario's civil procedure rules set strict, generally short deadlines for filing an appeal, but exactly how many days you have depends on the specific…
Read the full answer →Yes, a decision of the Ontario Superior Court of Justice granting or refusing a Certificate of Appointment of Estate Trustee (probate) can generally be…
Read the full answer →Yes. A decision reached after a proof in solemn form hearing — essentially a trial on the will's validity — is a final decision on the merits and can…
Read the full answer →Yes, you can name a guardian for your minor children in your will, and doing so is strongly recommended if you are a parent. Under Ontario's Children's…
Read the full answer →Yes. Where co-executors are genuinely stuck and can't move the estate forward, a court can appoint an independent third party — sometimes a lawyer,…
Read the full answer →Yes. Under Ontario law, a legally adopted child is treated the same as a biological child for all purposes, including inheritance under the intestacy…
Read the full answer →No. Stepchildren are not included in Ontario's intestacy hierarchy unless they have been legally adopted by the stepparent. Ontario's Succession Law…
Read the full answer →Yes. In Ontario, an attorney for property has a legal obligation to keep accurate records of all transactions they make on your behalf. This duty…
Read the full answer →Yes. In Ontario, your attorney for personal care has the right to access your medical records to the extent needed to make informed health care…
Read the full answer →Yes. In Ontario, an attorney for personal care has the authority to both consent to and refuse medical treatment on your behalf when you are incapable…
Read the full answer →An attorney for personal care in Ontario has authority over decisions that affect your personal safety and well-being, and in some circumstances this…
Read the full answer →Potentially, yes, and this is a federal income tax question rather than an Ontario law question, since it falls under the federal Income Tax Act rather…
Read the full answer →An executor facing unreasonable delay from a bank, despite holding a valid certificate, isn't without options — the first step is usually escalating…
Read the full answer →Ontario banks and other federally regulated financial institutions are generally expected, under regulatory guidance governing the treatment of…
Read the full answer →Yes, in practice, Ontario banks and other financial institutions can and do restrict or place holds on transactions where they have genuine concerns…
Read the full answer →A Small Estate Certificate is a court document, but banks are still private institutions that apply their own internal policies on top of it. Even with…
Read the full answer →A probate certificate — formally, the Certificate of Appointment of Estate Trustee — confirms legal authority to act, but banks routinely ask for more…
Read the full answer →Yes. A power of attorney for property in Ontario authorizes your attorney to manage the grantor's bank accounts, including depositing and withdrawing…
Read the full answer →A beneficiary who isn't fully comfortable signing off on an informal accounting isn't limited to a flat "yes" or "no" — asking for some form of…
Read the full answer →This is a nuanced area where estate law and family law overlap. In Ontario, if you separate from your spouse, they may have family law rights to a…
Read the full answer →The beneficiary designation wins for accounts and policies that allow them. A direct designation on an RRSP, RRIF, TFSA, pension, or life insurance…
Read the full answer →If a named beneficiary predeceases you and you have not updated your designation, what happens depends on the type of account and how the designation…
Read the full answer →Beneficiaries in Ontario have several options if they believe an executor is mismanaging the estate. The first step is usually to request a written…
Read the full answer →As a beneficiary of an Ontario estate, you have the right to know that you have an interest in the estate, to receive a copy of the will, and to…
Read the full answer →Not on its own. A settlement reached at mediation isn't automatically binding on a minor or incapable beneficiary's interest just because their…
Read the full answer →Blended family estate planning is one of the most common and most complex situations Ontario lawyers handle. The core tension is balancing your…
Read the full answer →Where there's no will, or the will says nothing about funeral or burial wishes, the legal authority to make disposition decisions generally falls to…
Read the full answer →The person propounding the will — usually the named estate trustee — carries the initial burden of proving the will is valid once a court orders proof…
Read the full answer →Without a buy-sell agreement, there's no pre-agreed mechanism forcing anyone to buy or sell anything, so the deceased partner's shares or ownership…
Read the full answer →There's no legal rule setting how often a business succession plan needs to be reviewed — it's a matter of prudent practice, not a filing requirement.…
Read the full answer →A properly drafted buy-sell agreement is designed to activate automatically on a shareholder's death, turning what could be an open-ended dispute into…
Read the full answer →Technically a beneficiary can witness a will in Ontario, but doing so carries a serious risk: the gift to that beneficiary — and possibly to their…
Read the full answer →Technically a beneficiary can witness a will, but doing so puts their gift at serious risk. Under Ontario law, if a beneficiary (or their spouse)…
Read the full answer →Yes, you can generally leave business assets or shares in a private corporation through your will in Ontario. Shares in a privately held corporation…
Read the full answer →Generally, no. A beneficiary designation made directly on a registered account or insurance policy takes priority over a conflicting direction in your…
Read the full answer →With a will, you can generally choose to leave nothing to an adult child. Ontario does not have forced heirship rules that automatically entitle…
Read the full answer →Generally, no. In Ontario, an attorney for property cannot benefit themselves from your assets simply because they hold that role. Giving themselves…
Read the full answer →Generally, yes. Unless your power of attorney document places specific restrictions on investment decisions, your attorney for property in Ontario has…
Read the full answer →Yes. Ontario's intestacy rules use a principle called "representation" (sometimes called per stirpes distribution). If one of your children dies before…
Read the full answer →No. Under Ontario's intestacy rules, a common-law partner has no automatic right to inherit from your estate if you die without a valid will. Ontario's…
Read the full answer →Yes. An estate — whether testate or intestate — is responsible for the deceased person's debts. Before any beneficiary or heir receives a distribution,…
Read the full answer →Funeral and burial costs are generally not deductible on the deceased's personal income tax return (terminal return) under Canadian federal tax rules.…
Read the full answer →Once your divorce is final, your former spouse is no longer your "spouse" under Ontario's intestacy rules and has no right to inherit your estate. A…
Read the full answer →Yes, in Ontario it is very common — and entirely lawful — for an executor to also be a beneficiary. A spouse, adult child, or sibling is often named…
Read the full answer →An executor can, in theory, apply for a Certificate of Appointment of Estate Trustee in Ontario without retaining a lawyer. The Superior Court of…
Read the full answer →Ontario courts use a guideline built from three components, often called the "care and management fee" formula: roughly 2.5% of the capital receipts…
Read the full answer →Yes, you can change the beneficiary on your RRSP at any time while you are alive and mentally competent. The process is straightforward: contact your…
Read the full answer →Yes, you can name a registered charity as a direct beneficiary on an RRSP, RRIF, TFSA, or life insurance policy in Ontario. This can be a tax-efficient…
Read the full answer →Not easily. Ontario's Family Law Act gives a surviving married spouse strong protections against disinheritance, regardless of what the will says. When…
Read the full answer →Yes. A life interest (sometimes called a "life estate") allows a named person to use and benefit from property during their lifetime, with ownership…
Read the full answer →In Ontario, testamentary freedom — the right to leave your estate to whoever you choose — is a fundamental principle, but it has limits when it comes…
Read the full answer →Yes, you can write your own will in Ontario. The two most common options are a holograph will and a formally witnessed will you draft yourself. A…
Read the full answer →Life insurance is a commonly used tool in Ontario estate planning, primarily to provide liquidity to pay taxes rather than to eliminate them. When you…
Read the full answer →Minor children cannot hold property in their own names in Ontario. If your children are entitled to inherit under the intestacy rules but are under 18,…
Read the full answer →Probate can sometimes be minimized or avoided for certain assets, but it is rarely eliminated entirely for a person with a complex estate. Assets that…
Read the full answer →There is no specific legal bar preventing a personal support worker or nurse from witnessing a will in Ontario solely because of their professional…
Read the full answer →Often not — and this changed on January 1, 2022. Under the Succession Law Reform Act as amended, a separated spouse is treated as having died before…
Read the full answer →Yes, in Ontario a trustee can be removed if they are not fulfilling their duties. Removal can happen voluntarily — the trustee resigns — or it can be…
Read the full answer →Ontario's Succession Law Reform Act permits a will to make a valid beneficiary designation for registered accounts if the will meets specific…
Read the full answer →There isn't a formal, standalone appeal process for a capacity assessment result the way there is for a court decision, but that doesn't mean the…
Read the full answer →Who pays for a capacity assessment depends on the circumstances that triggered it. Where a family member or another interested person arranges a…
Read the full answer →They can involve the same underlying legal capacity test under the Substitute Decisions Act, but the process and purpose around each assessment differ.…
Read the full answer →Capacity for making a power of attorney for personal care is assessed differently from the capacity assessed when decisions are actually being made…
Read the full answer →If a person refuses a capacity assessment but genuine concerns about their ability to manage their finances remain, family members aren't left without…
Read the full answer →These terms sound similar but generally refer to different legal processes in Ontario. A "capacity assessment" under the Substitute Decisions Act, 1992…
Read the full answer →When a lawyer prepares a will for an elderly client — particularly one with known cognitive concerns — best practice includes taking specific steps to…
Read the full answer →Yes, generally. Capacity assessors regularly conduct assessments in a person's home, a hospital, a long-term care home, or wherever the person is…
Read the full answer →Under Ontario's Substitute Decisions Act, 1992, a formal capacity assessment for property or personal care decisions must be carried out by a "capacity…
Read the full answer →Yes, they're legally distinct tests, even though both matter in predatory marriage and estate planning disputes. Testamentary capacity focuses…
Read the full answer →A case conference is an early meeting before a judge where the parties to an Ontario will dispute, along with their lawyers, discuss the issues…
Read the full answer →A caveat is a formal legal notice filed with the Ontario Superior Court (Estates) that prevents the court from issuing a Certificate of Appointment of…
Read the full answer →Yes, a finding of incapacity from a capacity assessment isn't necessarily the final word, though how you challenge it depends on what's actually…
Read the full answer →Yes. In Ontario, if you believe the wrong person has been appointed as estate trustee (executor), or that a person who has been appointed should not be…
Read the full answer →Yes. A predatory marriage can still be challenged after the vulnerable spouse has died, typically by an interested party such as an estate trustee or…
Read the full answer →Yes, though it becomes more difficult once a Certificate of Appointment of Estate Trustee has already been issued. A grant of probate does add a layer…
Read the full answer →Yes, you can change the share allocated to any beneficiary at any time while you have testamentary capacity. Your will does not become binding until…
Read the full answer →Yes. A guardianship appointment in a will is not binding or permanent during your lifetime — you can revoke or change it at any time by updating your…
Read the full answer →There's no universally "better" choice — it depends on what you're trying to achieve, and each approach carries a different trade-off. A fixed dollar…
Read the full answer →This depends on the specifics, and the outcome isn't automatic either way. If the named organization is a legitimate legal entity, such as an…
Read the full answer →A charitable gift annuity is an arrangement, usually set up during your lifetime directly with a charity, where you give the charity a lump sum and, in…
Read the full answer →When a named charity has merged into another organization, courts generally try to give effect to what the will-maker actually intended rather than…
Read the full answer →You generally can attach conditions to a charitable gift, for example requiring the funds be used for a specific program, or directing that a gift only…
Read the full answer →A charitable remainder trust is an arrangement where you transfer property, often investments or real estate, into a trust during your lifetime, keep…
Read the full answer →In some circumstances, yes. When a named charity no longer exists at the time the gift is meant to take effect, Ontario courts can apply the cy-près…
Read the full answer →Yes — unpaid child support arrears generally don't disappear just because the paying parent died. They're treated as a debt of the deceased, and the…
Read the full answer →Your estate trustee (sometimes called an executor) is the person who collects your assets, pays your debts and taxes, and distributes the estate to…
Read the full answer →A person who believes they are an heir to an estate that has already escheated to the Ontario Crown generally needs to bring a claim showing they meet…
Read the full answer →Before closing the estate's bank account, an estate trustee generally needs to confirm every estate obligation has actually been paid or accounted for,…
Read the full answer →This remains an unsettled area, since no Ontario statute deals with cloud-stored accounts directly. An executor's underlying legal authority comes from…
Read the full answer →Yes, and it's really an extension of a trustee's basic fiduciary duty rather than something new. Where one co-executor has a personal stake in a…
Read the full answer →In most cases, the deadlock effectively resolves itself in a practical sense: where a will names more than one executor and doesn't say the role must…
Read the full answer →One uncooperative co-executor doesn't necessarily stop the estate from moving forward, but it does complicate things. Typically, the other named…
Read the full answer →Beneficiaries aren't stuck simply waiting out a standoff between co-executors. One option is to ask the trustees, in writing, to explain the delay and…
Read the full answer →When two or more co-executors are appointed, Ontario law generally requires them to act unanimously unless the will specifically says otherwise. A…
Read the full answer →In practice, co-executors often do divide up the legwork informally — one handling correspondence with the bank, another dealing with the sale of a…
Read the full answer →Send it to a Treadstone lawyer — free, answered in plain language.