700 plain-language Q&As about wills & estates. Browse below, or search the whole library.
Because funeral wishes in a will are generally treated as guidance rather than a strictly binding order, family members can't automatically force an…
Read the full answer →In Ontario, no one can be forced to act as an executor (estate trustee). A person named in a will has the right to "renounce" the role before they…
Read the full answer →A release (sometimes called a receipt and release) is a document signed by a beneficiary when they receive their share of the estate. In it, the…
Read the full answer →Yes. Ontario courts have the inherent jurisdiction to remove an executor who is not fulfilling their duties or who poses a risk to the estate. This is…
Read the full answer →Yes. In Ontario, the person named as executor (called an estate trustee in legal terminology) is not legally required to accept the role. An executor…
Read the full answer →Yes. Being named executor in a will does not obligate you to accept the role. Before you take any steps to administer the estate — opening mail,…
Read the full answer →Yes, an estate trustee, or executor, can generally keep a family business running during administration, and often needs to, since shutting it down…
Read the full answer →In most cases, yes. An executor in Ontario has broad powers to deal with estate property, including selling real estate, even if beneficiaries object —…
Read the full answer →Yes. Selling personal belongings — furniture, jewellery, vehicles, art, household items — is within the normal scope of an executor's authority to wind…
Read the full answer →Generally, yes. An executor in Ontario has the authority to sell real property as part of winding up the estate, provided the estate has obtained a…
Read the full answer →A minor (someone under 18) cannot legally receive property directly in Ontario. If the estate includes a gift to a minor, the executor cannot simply…
Read the full answer →Discovering additional assets after an estate has been distributed is not uncommon — a forgotten bank account surfaces, an insurance policy is located,…
Read the full answer →If an executor wastes or improperly depletes estate assets through neglect, poor judgment, or dishonest conduct, they can be held personally liable for…
Read the full answer →An executor is not legally required to hire a lawyer, but it is generally advisable to consult one — especially for estates that involve real property,…
Read the full answer →Yes, but with an important limit. SLRA s.61(2) gives Ontario courts discretion to allow a dependant support claim to be brought after the usual…
Read the full answer →Yes — being related doesn't remove the reasons a buy-sell agreement exists in the first place. Family relationships change over time: siblings fall…
Read the full answer →Family disagreement about whether an elderly relative is actually being exploited, rather than simply making choices others disapprove of, is common,…
Read the full answer →A farm held through a corporation can be transferred in pieces — shares can be gifted, sold, or restructured gradually among family members under…
Read the full answer →Without a written agreement saying otherwise, Ontario's Partnerships Act generally treats a partner's death as an event that dissolves the partnership.…
Read the full answer →Yes — farm quota is treated as property for federal income tax purposes, so the same general rules that apply to other capital property at death…
Read the full answer →It depends on how the transfer is structured, which is worth checking carefully before you transfer anything. Ontario land transfer tax generally…
Read the full answer →When a family farm passes to the next generation, federal tax rules generally treat the farm's capital property as disposed of at its fair market value…
Read the full answer →There's no fixed percentage or dollar figure that applies to every estate - how much to hold back depends on the specific risks in that estate, such as…
Read the full answer →When a deceased Ontario resident held assets in another country, those foreign assets typically require a separate estate administration proceeding in…
Read the full answer →There's no single default answer written into Ontario estate law - currency exchange risk on a distribution to a beneficiary abroad is generally…
Read the full answer →When an Ontario resident dies owning real property outside Canada — a vacation home in the United States, for example, or land in another country —…
Read the full answer →A forensic genealogist is typically an independent researcher or small practice retained directly, usually paid an hourly or flat fee, who focuses on…
Read the full answer →Yes. Where a genuine question exists about whether a signature on a will is authentic, whether a document was altered after signing, or whether a…
Read the full answer →Ontario follows a long-standing public policy principle, often called the forfeiture rule, that a person cannot benefit financially from unlawfully…
Read the full answer →In limited circumstances, yes. Ontario courts have shown some flexibility in how strictly the forfeiture rule is applied, rather than treating it as an…
Read the full answer →Yes. Where there's a real risk that estate assets could be dissipated, sold, or otherwise put out of reach while a will challenge is still being…
Read the full answer →No - funeral and burial wishes written in a will are generally treated as guidance, not a legally binding order the executor must follow to the letter.…
Read the full answer →Yes. The residue of an estate is whatever is left after everything else has been paid: debts, funeral costs, taxes, administration expenses, and any…
Read the full answer →Federal government benefits like the Canada Pension Plan (CPP) and Old Age Security (OAS) are administered by Employment and Social Development Canada…
Read the full answer →It depends on whether the grandchild fits within Part V of the SLRA's definition of a dependant, which centres on the deceased's spouse, parent, child,…
Read the full answer →Not necessarily immediately, but it usually does end at some point, and exactly when depends on the specific group benefits plan rather than a general…
Read the full answer →It depends entirely on the specific group benefits plan; there's no single rule that applies to every employer's coverage. Some group plans include a…
Read the full answer →If no beneficiary was named on a group life insurance policy through work, the payout typically doesn't just disappear — it usually follows a default…
Read the full answer →In most cases, yes — group RRSPs administered through your employer typically allow you to name a beneficiary, but the specific rules depend on the…
Read the full answer →The underlying tax rules are the same either way, since both are RRSPs governed by the same federal tax provisions. Proceeds generally pass to the…
Read the full answer →Yes, within the scope of their court-appointed authority, a guardian's decisions generally take priority over the preferences of other family members…
Read the full answer →Yes, and for parents of young children this is one of the most compelling reasons to have a will. In Ontario, you can include a nomination of a…
Read the full answer →Generally, yes. A court-appointed guardian of property in Ontario is typically required to post a bond as a condition of their appointment, similar to…
Read the full answer →Yes. A court-appointed guardian of property in Ontario is generally entitled to compensation for managing the incapable person's property, calculated…
Read the full answer →Applying to become a court-appointed guardian of the person under the Substitute Decisions Act involves bringing an application to the Superior Court…
Read the full answer →Often, yes, particularly for a significant transaction like selling the incapable person's home. While a guardian's general authority to manage…
Read the full answer →Yes. A guardian of property has both the authority and generally the responsibility to pursue recovery of money or property improperly taken from the…
Read the full answer →Yes, generally. A court-appointed guardian of property in Ontario is expected to keep detailed, accurate records of the incapable person's income,…
Read the full answer →An Ontario guardianship application generally requires notice to be given to the person alleged to be incapable themselves, since the application…
Read the full answer →A management plan is a document filed as part of a property guardianship application under the Substitute Decisions Act that sets out, in concrete…
Read the full answer →Yes, half-siblings can inherit under Ontario's intestacy rules, but how they share depends on whether full siblings also survive. Under the Succession…
Read the full answer →Legally, a hardware wallet and whatever cryptocurrency it holds are estate property like anything else, but that legal status does not solve the…
Read the full answer →If you are incapable of making a health care decision and have no power of attorney for personal care, Ontario law sets out a hierarchy of substitute…
Read the full answer →Yes - an estate trustee can hire a professional heir-tracing (genealogical research) firm to help locate missing beneficiaries or unknown next of kin.…
Read the full answer →There isn't one simple universal answer, and this is an area where you shouldn't rely on assumptions. While the core reason a Henson trust protects…
Read the full answer →The whole point of a Henson trust is that the beneficiary has no enforceable right to the money — the trustee holds absolute discretion over whether,…
Read the full answer →Yes — the core mechanism of a Henson trust doesn't depend on your relationship to the beneficiary. What matters for ODSP purposes is that the trustee…
Read the full answer →It's possible to draft a single trust document that provides for more than one disabled beneficiary, but in practice many estate planning lawyers…
Read the full answer →A Henson trust is a type of discretionary trust designed to hold assets for a person with a disability without affecting their eligibility for Ontario…
Read the full answer →Because the trustee's genuine, independent discretion is what makes a Henson trust work for ODSP purposes, the person or people you choose need to be…
Read the full answer →No. Ontario's intestacy rules treat children equally regardless of whether their parents were married. A child born outside of marriage has the same…
Read the full answer →Ontario law does not specify a rigid timeline for notifying beneficiaries after a death, but an executor is expected to take reasonable steps to…
Read the full answer →Ontario's estate administration tax (often called probate fees) is calculated on the total value of assets that pass through the estate — meaning…
Read the full answer →Administering an estate without a will typically takes longer than administering one with a valid will, because the court must first appoint an…
Read the full answer →Ontario law recognizes the concept of the "executor's year" — a general principle that an executor should not be required to distribute the estate…
Read the full answer →Processing times for a Certificate of Appointment of Estate Trustee in Ontario vary depending on the court location and the completeness of the…
Read the full answer →In Ontario, there is no hard statutory deadline by which an executor must complete the administration of an estate, but the law and courts expect the…
Read the full answer →There is no fixed number of months or years an estate trustee must search - Ontario law asks for a genuine, reasonable effort proportionate to the size…
Read the full answer →There is no set timeline for settling an estate in Ontario, and the process often takes longer than families expect. A straightforward estate with…
Read the full answer →A formally executed will in Ontario requires two witnesses. Both must be present when the testator signs the will, and both must then sign the will…
Read the full answer →In Ontario, you can revoke a power of attorney for property at any time, as long as you have the mental capacity to do so. You do not need to give your…
Read the full answer →There are two ways to update a will in Ontario: execute a formal codicil, or make an entirely new will. A codicil is a separate legal document that…
Read the full answer →There is no mandatory review interval in Ontario, but best practice is to review all your beneficiary designations at least every three to five years —…
Read the full answer →Pets are treated as personal property under Ontario law, which means you cannot leave money directly to a pet — an animal cannot hold legal title to…
Read the full answer →Yes, an Ontario court can consider both a dependant's ongoing income needs and any separate capital needs when deciding on a support award, and the two…
Read the full answer →Yes — incorporating a family farm before transferring it opens up estate planning options that generally aren't available when the farm is run as a…
Read the full answer →An informal accounting is simply the estate trustee sharing a summary of the estate's finances directly with beneficiaries, outside of court, usually…
Read the full answer →An irrevocable beneficiary designation on a life insurance policy means you cannot change or remove that beneficiary without their written consent.…
Read the full answer →Yes. An estate trustee doesn't necessarily have to wait until the estate is fully wound up to pass accounts — where administration is expected to take…
Read the full answer →Yes. Dependant support litigation under Part V of the SLRA can take time to resolve fully, and Ontario courts have the power to order interim support…
Read the full answer →When a married person dies in Ontario, their surviving spouse has a choice: they can take what they are entitled to under the intestacy rules, or they…
Read the full answer →The outcome depends on how the home is owned. If the home was held in joint tenancy with a surviving spouse or partner, it passes automatically to that…
Read the full answer →When a person dies without a will in Ontario, their estate is distributed according to the intestacy rules in the Succession Law Reform Act. The rules…
Read the full answer →In Ontario, if a person dies without a will (intestate) and has no surviving relatives who qualify under the Succession Law Reform Act, the estate…
Read the full answer →Yes. Once a person dies, their estate becomes a separate taxpayer and must file its own income tax returns (T3 trust returns) for any income earned…
Read the full answer →Yes, mediation sessions in Ontario estate disputes are confidential, and this is one of the main reasons people are willing to speak candidly and…
Read the full answer →Generally, no. A formal will in Ontario must be signed by the testator (the person making the will) in the presence of two witnesses, who must also…
Read the full answer →No. Ontario does not recognize verbal (or "nuncupative") wills. Under the Succession Law Reform Act, a valid will must be in writing. A purely verbal…
Read the full answer →Isolating an elderly parent from the rest of the family raises real concerns, particularly where it coincides with financial changes, a new power of…
Read the full answer →In Ontario, you can appoint more than one person as your attorney for property and specify how they must work together. There are two main ways to…
Read the full answer →Yes. Ontario courts can appoint more than one person to act jointly as guardian of property for an incapable person, similar to how more than one…
Read the full answer →Adding a child as joint owner of the farm can avoid probate on that share of the property, but it carries risks a will-based transfer doesn't. Once the…
Read the full answer →A joint partner trust is similar to an alter ego trust but is set up for a couple — both spouses or common-law partners must be at least 65, and both…
Read the full answer →Will validity disputes in Ontario are decided by a judge alone, not a jury. Estate and testamentary matters, including proceedings to prove a will in…
Read the full answer →Key person insurance is a policy the business itself owns on the life of an owner, founder, or employee whose skills, relationships, or expertise are…
Read the full answer →The exact document list depends on the specific property and how it's held, so this is best confirmed with the relevant land registry office or an…
Read the full answer →Yes. Leaving a gift to a registered Canadian charity in your will is straightforward and comes with a significant tax benefit. A charitable bequest…
Read the full answer →Life insurance solves the biggest practical problem with a buy-sell agreement: the surviving owners are obligated to buy the deceased's shares, but…
Read the full answer →For a beneficiary receiving means-tested benefits like ODSP, this is generally worth serious consideration, because a lump-sum payout made directly to…
Read the full answer →Yes — retiring parents can keep the right to live in the farmhouse for life even after transferring ownership of the farm to a child, through an…
Read the full answer →Links go to the official consolidated text. Legislation changes — confirm you are reading the current version.
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