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Wills & Estates

Wills, powers of attorney, and administering an estate afterwards.

More than half of Ontario adults die without a will, and the province then decides who inherits under a formula that almost never matches what anyone wanted. For most families a will and two powers of attorney is a single appointment and a fixed fee.

The powers of attorney matter more than people assume. A will only operates once you have died; a power of attorney for property and one for personal care are what allow someone to act for you while you are alive and unable to. Without them your family is applying to court for guardianship at the worst moment of their lives.

On the estate administration side we act for executors — probate applications, estate accounts, clearance certificates, and the awkward conversations that come with all of it.

What this covers

  • Wills, simple and complex
  • Powers of attorney for property and personal care
  • Secondary wills to reduce probate tax
  • Henson trusts for a disabled beneficiary
  • Probate applications (Certificate of Appointment)
  • Estate administration and accounting
  • Estate litigation and will challenges
  • Guardianship applications

Questions we get asked

Can I just write my own will?
A handwritten will entirely in your own writing and signed is valid in Ontario without witnesses. Whether it does what you intend is another matter — the homemade wills we see most often fail on unclear gifts, missing residue clauses, or naming an executor who has since died.
What does probate cost?
Ontario's Estate Administration Tax is roughly 1.5% of the estate above $50,000, and nothing on the first $50,000. On an $800,000 estate that is about $11,250. Some of it can be planned around with secondary wills and beneficiary designations.
Does my will cover my RRSP and life insurance?
Not if they have a named beneficiary — those pass outside the estate directly to whoever is designated, regardless of what your will says. Stale beneficiary designations naming an ex-spouse are one of the most common problems we see.

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