FAQ

A Living Will documents your healthcare preferences if you become incapacitated, while a Power of Attorney (for property or personal care) appoints someone to make financial or healthcare decisions on your behalf.

To prepare your Last Will and Testament documents, gather property deeds, bank and investment account statements, insurance policies, beneficiary information, and any prior estate planning documents.

Estate administration involves managing a deceased person’s assets, paying outstanding debts and taxes, and ensuring legal compliance. Experienced estate litigation lawyers can guide executors through every step, reducing delays and disputes.

Estate litigation covers legal disputes related to the distribution of a deceased person's estate, including will challenges, conflicts among heirs, and other related issues.

Yes, a will can be challenged if there are valid legal grounds, such as doubts about the testator’s mental capacity at the time of drafting or suspected undue influence.

If a person dies intestate (without a will), their estate is distributed according to Ontario’s Succession Law, which may not reflect their wishes. This can sometimes lead to disputes among family members over asset distribution.

If someone was financially dependent on the deceased and did not receive adequate provision in the will — or if there is no will — they may file a dependent support claim under Ontario law.

An executor has a legal duty to administer the estate fairly. If you believe the executor is not acting appropriately, you can challenge their actions through the court.

The general limitation period is two years from the date you knew, or ought to have known, that your rights were affected. Exceptions may apply, so it’s recommended to consult a lawyer to confirm specific deadlines.

If someone dies with a will, their property is distributed according to their wishes. If they die without a will, the estate is distributed according to the law, which may not reflect the deceased’s intentions.

Probate fees are charged by the court for validating a will and authorizing estate administration. Fees vary by province and are typically based on a percentage of the estate’s value.

Ontario does not have a separate inheritance tax. Instead, estates are subject to the Estate Administration Tax (EAT), commonly called the probate fee, which is calculated based on the value of the estate.

The probate fee is applied to the total value of estate assets that require probate. Currently, it is $5 per $1,000 on the first $50,000 of the estate, and $15 per $1,000 on amounts over $50,000.

The probate fee must be paid before probate is granted. Executors typically submit payment along with the probate application to the Ontario Superior Court of Justice.

Strategies to reduce probate fees include transferring assets outside of probate, such as through joint ownership with rights of survivorship, beneficiary designations, or family trusts. Consulting an estate planning lawyer is recommended to determine the best approach for your situation.

Business succession planning ensures smooth transfer of business ownership through wills, trusts, or legal agreements. Proper planning minimizes estate taxes and protects both the business and heirs.

It’s best to prepare these documents early to ensure your wishes are clear, your estate is protected, and healthcare or financial decisions can be managed if you become incapacitated.