700 plain-language Q&As about wills & estates. Browse below, or search the whole library.
You can name a trust as the beneficiary of a life insurance policy or, in some cases, a registered account — but this is more complex than naming an…
Read the full answer →Yes, and for most parents with young children this is one of the most important things a will can do. In Ontario, a minor cannot legally hold property…
Read the full answer →Publishing a notice to creditors and claimants under the Trustee Act is a standard protective step for an estate trustee, and it can help in a…
Read the full answer →In Ontario, trustees are required to follow the "prudent investor" standard set out in the Trustee Act. This means a trustee must invest trust assets…
Read the full answer →Proving undue influence in an Ontario will challenge is notoriously difficult. Courts require that the person challenging the will show that the…
Read the full answer →No. Getting married in Ontario does not automatically update your beneficiary designations on registered accounts or insurance policies. You must…
Read the full answer →To change the estate trustee named in your will, you have two options: execute a codicil that specifically revokes the old appointment and names a new…
Read the full answer →Yes. A power of attorney for property and a power of attorney for personal care are the two key documents that govern what happens if you lose capacity…
Read the full answer →A will that was validly made in another Canadian province is generally recognized in Ontario. Ontario's Succession Law Reform Act contains…
Read the full answer →Yes, you should. When a specific asset named in a will — such as a particular house or investment account — no longer exists in your estate at the time…
Read the full answer →Yes. Where there's credible evidence that an incapable adult's assets are actively being misused, dissipated, or put at risk of loss, an Ontario court…
Read the full answer →Generally, a beneficiary simply living in the United States and receiving an inheritance from an Ontario estate does not, by itself, create a US tax…
Read the full answer →A private business interest generally needs a professional valuation as of the date of death, because there's no stock market price to point to the way…
Read the full answer →Cryptocurrency is valued for Ontario probate purposes the same general way as any other estate asset: at its fair market value as of the date of death,…
Read the full answer →Yes — farm quota and farmland are different types of property with different markets, so they're generally identified and valued separately when a farm…
Read the full answer →Generally, yes. Ontario courts can revisit and vary an existing dependant support order where there's been a material change in circumstances since it…
Read the full answer →Yes. An Ontario guardianship order isn't necessarily fixed forever in its original terms — if circumstances change in a way that makes the existing…
Read the full answer →A vendor take-back, or VTB, mortgage is a financing arrangement where the parents selling the farm act as the lender for part of the purchase price,…
Read the full answer →Yes, in serious and extreme cases. Ontario courts have the power to declare a person a vexatious litigant where they've repeatedly brought proceedings…
Read the full answer →Yes. Outside the Toronto, Ottawa, and Essex County regions, where mediation is mandatory, parties to an Ontario estate or will dispute can still choose…
Read the full answer →Not all of a deceased person's assets flow through their estate — and this is true whether they had a will or not. Certain assets pass outside the…
Read the full answer →Several categories of assets typically pass outside the will and therefore fall outside Ontario's estate administration tax calculation. Assets held in…
Read the full answer →In Ontario, only assets that form part of the "estate" — meaning assets owned solely by the deceased with no named beneficiary or joint owner —…
Read the full answer →Your attorney for property has broad authority to manage your financial and legal affairs. In Ontario, unless your power of attorney document…
Read the full answer →The estate trustee without a will (administrator) has significant legal duties. First, they must apply to court and obtain formal appointment before…
Read the full answer →An executor — technically an estate trustee with a will — is responsible for winding up the deceased's affairs and distributing the estate according to…
Read the full answer →If your named estate trustee dies before you and you have not named an alternate, your will does not automatically fail — but administering your estate…
Read the full answer →If you have not named a beneficiary on your RRSP — or if your named beneficiary has predeceased you and no contingent beneficiary was named — the RRSP…
Read the full answer →If a will is not signed in accordance with Ontario's formal requirements, the court may find it invalid. The most common execution errors are: the…
Read the full answer →When you die without a valid will in Ontario, you are said to have died "intestate." Your estate does not simply pass to whoever you want — instead,…
Read the full answer →If an RRSP has no named beneficiary (or the named beneficiary has died and no contingent beneficiary is designated), the RRSP proceeds fall into the…
Read the full answer →If a beneficiary named in your will dies before you, the gift to that person generally "lapses" — it fails and falls into your residue, to be…
Read the full answer →Business interests — whether shares in a corporation, an interest in a partnership, or a sole proprietorship — are assets that form part of your estate…
Read the full answer →Digital assets are a growing area of estate law with significant uncertainty. Emails, social media accounts, and online subscriptions are often…
Read the full answer →Property held in "joint tenancy" (with a right of survivorship) passes automatically to the surviving joint owner when the other owner dies, regardless…
Read the full answer →Under Ontario law, pets are considered personal property. If you die without a will, your pets become part of your estate and are distributed — like…
Read the full answer →The treatment of a TFSA on death depends on how it is set up and who is named. A TFSA holder can name their spouse or common-law partner as a…
Read the full answer →If an heir is entitled to a share of an intestate estate but cannot be found, the administrator cannot simply distribute that share to other heirs. The…
Read the full answer →If an Ontario resident dies intestate and no eligible relatives can be identified after a thorough search, their estate "escheats" to the provincial…
Read the full answer →If a will cannot be found after a person's death, the estate may be treated as intestate. Courts can sometimes accept a copy of a will as valid, but…
Read the full answer →A codicil is a formal document that amends or supplements an existing will without replacing it entirely. It identifies the will it is amending by…
Read the full answer →A "pour-over will" is a will that directs assets from the testator's estate into an existing trust — typically a revocable inter vivos trust set up…
Read the full answer →A testamentary trust is a trust created inside a will that comes into effect only when the person who made the will passes away. Unlike a living (inter…
Read the full answer →An alter ego trust is a special type of living trust available in Canada to individuals who are 65 or older. You transfer assets into the trust during…
Read the full answer →An estate freeze is a tax planning technique, usually involving a corporate reorganization, designed to lock in ("freeze") the current value of an…
Read the full answer →"Intestate" simply means dying without a valid will. An estate is intestate — or the person died intestate — when they left no will at all, or when a…
Read the full answer →How much each child inherits from an intestate estate in Ontario depends on whether a spouse also survives. If there is no surviving spouse, the…
Read the full answer →A beneficiary designation is a direction you make directly on a financial account or insurance policy naming who should receive the asset on your…
Read the full answer →A Certificate of Appointment of Estate Trustee with a Will — commonly called probate — is a court order issued by the Ontario Superior Court of Justice…
Read the full answer →A clearance certificate is a document issued by the Canada Revenue Agency confirming that the estate has paid all taxes, interest, and penalties it…
Read the full answer →Under Canadian federal tax law, a person is treated as having sold all their capital property at fair market value immediately before death. This is…
Read the full answer →The Succession Law Reform Act defines "dependant" broadly for the purposes of a dependant's support claim. The category includes a spouse (legally…
Read the full answer →Yes. Even when a person dies intestate, certain individuals may have a right to claim dependant's support from the estate under the Succession Law…
Read the full answer →"Escheat" is what happens when a person dies without a will and without anyone legally entitled to inherit under Ontario's intestacy rules - no spouse,…
Read the full answer →Yes. Ontario charges an Estate Administration Tax (sometimes called "probate fees") calculated on the value of the estate. The tax applies when an…
Read the full answer →The estate information return is a document that executors in Ontario must file with the Ministry of Finance after obtaining a Certificate of…
Read the full answer →"Estate trustee without a will" is Ontario's legal term for the person appointed by the court to administer an intestate estate — the equivalent of an…
Read the full answer →A fiduciary is someone who is required by law to act in the best interests of another person rather than their own. In Ontario, an executor (estate…
Read the full answer →A holograph will is a will that is entirely written and signed in the testator's own handwriting. In Ontario, a holograph will does not need to be…
Read the full answer →Ontario's Succession Law Reform Act sets out a clear hierarchy of who inherits when there is no will. The order is as follows: a surviving spouse and…
Read the full answer →"Letters of administration" is an older term for what Ontario now formally calls a "Certificate of Appointment of Estate Trustee Without a Will." This…
Read the full answer →A passing of accounts is a formal court process in Ontario through which an estate trustee (executor) presents their full financial accounting of the…
Read the full answer →A power of attorney for personal care is a legal document in which you authorize someone to make personal decisions on your behalf if you are unable to…
Read the full answer →A power of attorney for property is a legal document in which you (the grantor) authorize another person (the attorney) to manage your financial and…
Read the full answer →A "predatory marriage" describes a situation where someone deliberately marries a vulnerable, often elderly or cognitively impaired person, primarily…
Read the full answer →When someone dies intestate in Ontario and leaves a surviving spouse, that spouse is entitled to a "preferential share" — a set dollar amount taken…
Read the full answer →No, not every estate requires probate. In Ontario, probate — formally called a Certificate of Appointment of Estate Trustee — is a court process that…
Read the full answer →Probate is the court process by which a deceased person's will is officially recognized and the executor is confirmed with legal authority to deal with…
Read the full answer →A RRIF successor annuitant designation allows your surviving spouse or common-law partner to take over your RRIF exactly as it is — keeping it as a…
Read the full answer →Ontario introduced a simplified certificate of appointment process for small estates. If the total value of estate assets requiring probate is $150,000…
Read the full answer →A transmission application is a filing made to Ontario's land registry system to transfer a property's registered title out of the deceased owner's…
Read the full answer →An estate in Ontario may incur legal fees at several stages. The most common are: legal fees to apply for a certificate of appointment of estate…
Read the full answer →In Ontario, a will is valid when three core requirements are met. First, the person making the will (the testator) must be at least 18 years old,…
Read the full answer →A well-drafted Ontario will typically covers several key elements. It should identify you (the testator) clearly — full legal name and address — and…
Read the full answer →When a power of attorney for property takes effect depends on how you draft it. In Ontario, you have two main options. A continuing power of attorney…
Read the full answer →Not always, though it's often needed. If someone loses capacity to manage their property without ever having signed a valid continuing power of…
Read the full answer →As a general guideline, you should review your will every three to five years even if nothing major has changed. However, several life events should…
Read the full answer →Generally, the primary grant of probate is issued by the province where the deceased was domiciled — essentially, where they had their true, permanent…
Read the full answer →When someone dies without a will in Ontario, there is no named executor. Instead, a person must apply to the court to be appointed as "estate trustee…
Read the full answer →In Ontario, your attorney for property must be at least 18 years old and must have the mental capacity to manage their own finances. Beyond those…
Read the full answer →In Ontario, your attorney for personal care must be at least 16 years old and must not be paid to provide you with health care, residential care, or…
Read the full answer →In Ontario, you have broad flexibility in who you can name as a beneficiary on registered accounts (RRSPs, RRIFs, TFSAs) and life insurance policies.…
Read the full answer →In Ontario, the person named in a will to administer an estate is formally called an "estate trustee with a will," though most people still use the…
Read the full answer →In Ontario, almost any adult with legal capacity can act as a trustee, including a family member, a close friend, a professional advisor, or a trust…
Read the full answer →Standing to file a Notice of Objection belongs to anyone with a genuine financial interest in how the estate is distributed — not simply anyone who…
Read the full answer →In Ontario, a will witness must be at least 18 years old, be physically present when the testator signs, and also sign the will themselves in the…
Read the full answer →If you die without a will and leave no surviving spouse or children, Ontario's intestacy rules work through a hierarchy of other relatives. The first…
Read the full answer →Ontario's intestacy rules give your surviving spouse a "preferential share" of your estate before anything is divided with your children. The…
Read the full answer →The executor (estate trustee) is responsible for filing the deceased's final personal income tax return — called the terminal return — and for paying…
Read the full answer →In an intestate estate, the court-appointed administrator is responsible for identifying and paying the deceased's outstanding debts before…
Read the full answer →Remarrying while a dependant support claim is still working its way through court doesn't automatically end it, but it can affect the outcome. A…
Read the full answer →A testator can write a clause trying to stop a dependant from bringing a support claim, but it won't actually work — the right to apply for dependant…
Read the full answer →Real property is generally governed by the law of the jurisdiction where it is located. If you own real estate in a US state, that property is subject…
Read the full answer →Blended families — where one or both spouses bring children from prior relationships — face competing interests that a simple will does not address…
Read the full answer →Yes. A significant increase in your assets is one of the most common — and most overlooked — triggers for a will review. When the size of your estate…
Read the full answer →Your beneficiary designation — not your will — controls who receives your RRSP, RRIF, or TFSA when you die, provided a valid designation is on file…
Read the full answer →Real property is generally governed by the law of the province where it is located (the lex situs rule). This means that property you own in British…
Read the full answer →Yes. A person who filed a Notice of Objection can withdraw it, and often does once they've had a chance to review the will file, get disclosure, or…
Read the full answer →It depends on what's being distributed. Sending cash that has already been through the estate's own tax reporting, such as the deceased's terminal…
Read the full answer →An RRSP is an individual contract, so you can generally name any beneficiary you choose, and on your death the proceeds pass directly to that person…
Read the full answer →Links go to the official consolidated text. Legislation changes — confirm you are reading the current version.
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