Wills and Estate Planning (Ontario)
Learn how Ontario law governs
wills, intestacy, estate trustees, spouse rights, and estate distribution.
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Overview
At Marlaw, we help individuals create legally valid and customized Wills to ensure their wishes are respected and their loved ones are protected.
A properly drafted Will gives you control over how your assets are distributed, who will care for your minor children, and who will be responsible for carrying out your wishes. Without a Will, your estate will be distributed according to Ontario’s default laws — which may not reflect your intentions.
We provide personalized guidance and draft Wills that are tailored to your circumstances, values, and goals.
Why You Need a Will ?
In your will you will be able to:
- Appoint an Estate trustee (formerly known as an executor) to manage your estate. Your Estate Trustee is responsible for collecting your assets, paying your debts and taxes, distributing your property according to your Will, and handling probate and legal filings.
- Decide who receives your property, money, and personal items
- Name a temporary guardian for minor children, with your wishes considered by the court in any permanent guardianship decision.
- Minimize family disputes and confusion about how your assets should be distributed, who should receive specific items, or who is responsible for managing your estate.
- Avoid delays and unnecessary costs in the estate process.
- Plan for blended families, business ownership, and non-standard assets such as stepchildren from previous relationships, privately held companies, family cottages, or digital assets. A properly drafted Will ensures your intentions for these more complex or non-traditional situations are clear and legally enforceable.
Without a Will, Ontario’s intestacy laws (intestacy is when a person dies without a will) will determine who receives your estate, which could result in outcomes you would not have chosen.
Our Services Include :
- Drafting simple and complex Wills
- Planning for blended families, minor children, or dependents with disabilities
- Naming Estate Trustees, Guardians, and backup appointments
- Including charitable gifts or specific bequests
- Coordinating your Will with joint assets, beneficiary designations, and business holdings
- Advising on how to minimize estate disputes and probate delays
- Ensuring your Will is properly signed and witnessed to be legally valid in Ontario
We also offer Power of Attorney documents as part of a complete estate planning package.
How much is the Estate Administration Tax?
Before the Ontario Superior Court of Justice issues a certificate, the estate administration tax must be paid. This tax is calculated at $15 per $1,000 for estate value over $50,000.
Protect Your Legacy
Speak with an Estate Lawyer Today.
Pricing
Simple Will
Individual-
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Will + Power of Attorney Package
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Mirror Wills for Couples
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Frequently Asked Questions
We understand that the process can be confusing and you may have many questions.
Below are some common FAQs that can help guide you.
If there are no close family members, more distant relatives such as uncles, aunts, nephews, nieces, and great-grandparents may inherit. If there are no next-of-kin living in Ontario, the Public Guardian and Trustee may administer the estate.
No. A common law partner does not have any automatic property rights if you die without a will. They can only make a claim for support as a dependent under the Succession Law Reform Act.
Probate is the informal term often used to describe the legal process where the Ontario court officially confirms the validity of a Will and authorizes the Estate Trustee (formerly called an executor) to administer the estate.
The official legal term in Ontario today is applying for a Certificate of Appointment of Estate Trustee.
While “probate” is no longer the official terminology, it is still commonly used by lawyers, courts, and the public when referring to the process.
As part of the probate application, the Estate Trustee must also pay an Estate Administration Tax (commonly referred to as “probate fees”) based on the total value of the estate.
Before the Ontario Superior Court of Justice issues a certificate to appoint an estate trustee, the estate administration tax must be paid. This tax is calculated at $15 per $1,000 for estate value over $50,000.
Yes. You can update or revoke your Will at any time while you have mental capacity. We recommend reviewing your Will every few years or after major life events.
Technically, no — but improperly drafted or unsigned Wills can be invalid or challenged in court. A lawyer ensures your Will is valid, clear, and customized to your situation
Yes. A Will takes effect after death, but Powers of Attorney allow someone to act for you if you become mentally incapable during your lifetime. We offer both documents together as a complete estate plan.
Mirror Wills are two separate Wills made by a couple with similar terms (e.g., each leaves everything to the other), but either person can change or revoke their Will at any time, even after the other dies.
Mutual Wills, on the other hand, are made with a binding legal agreement that neither person will change the Will after the other dies. This is often used in blended families to ensure that children or specific beneficiaries from one spouse are not removed from the estate plan later.
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