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The Will Centre

Ontario law on making, signing, storing and updating a will: choosing an executor and guardian, what makes a will valid, who inherits without one, and situations that change the plan — blended families, business ownership, Islamic estate planning.

Ontario law on making, signing, storing and updating a will: choosing an executor and guardian, what makes a will valid, who inherits without one, and situations that change the plan — blended families, business ownership, Islamic estate planning. Five stages carry you through it — what you own, executor & guardians, the document, signing and storing & updating — each explaining what happens, who is responsible, and what Ontario law requires. Calculators, a glossary and guides to download sit alongside the stages, and every one ends with our flat, published fee and a way to start a file online.

Who you'll deal with

And what each one is actually responsible for.

Your lawyer

Drafts the will and powers of attorney, runs the signing appointment, and confirms it meets Ontario's formal requirements.

Regulated by Law Society of Ontario
Estate trustee (executor)

Proves the will, pays debts and taxes, and distributes the estate. A fiduciary role with personal liability for mistakes.

Regulated by Supervised by the Superior Court of Justice
Guardian for children

Named in a will to take on decision-making responsibility for minor children if both parents die; must apply to court within 90 days.

Regulated by Ontario Court of Justice / Superior Court of Justice (Family Court)
Two witnesses

Watch the will signed, or the signature acknowledged, then sign it themselves in the testator's presence.

Regulated by No licensing requirement
Attorney for property or personal care

Manages finances or makes health and personal decisions during incapacity, under a power of attorney made before death.

Regulated by Substitute Decisions Act, 1992
Public Guardian and Trustee

Acts as estate trustee, attorney or guardian only as a last resort, when no suitable person is available or willing.

Regulated by Ministry of Public and Business Service Delivery
Accountant

Advises on the tax consequences of registered accounts, business interests and an estate freeze, and files the final tax return.

Regulated by CPA Ontario
Superior Court of Justice

Grants a Certificate of Appointment of Estate Trustee, hears dependant support and will-validity applications, and can validate a non-compliant document under section 21.1.

Regulated by Ontario Superior Court of Justice

Words worth knowing

A few from the full glossary.

Testator

The person making the will. Once it's signed and witnessed, it sets out how they want their property distributed after death.

Estate trustee (executor)

The person named in a will, or appointed by a court, to prove the will, pay debts and taxes, and distribute what's left to beneficiaries.

Alternate executor

A backup estate trustee, named to step in if the first choice can't or won't act when the time comes.

Estate trustee without a will

The court-appointed administrator of an estate when there's no valid will, chosen under a priority order set by the rules of court.

Certificate of Appointment of Estate Trustee

The court order, sometimes called probate, confirming a will (or the lack of one) and an estate trustee's authority to deal with the assets.

Holograph will

A will written entirely in the testator's own handwriting and signed by them, valid in Ontario without any witnesses at all.

Ready when you are.

Start a file online in about seven minutes, or ask a lawyer first. Flat, published fees.

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