Wills and Estate Lawyers in Ontario

Planning for the future and protecting what matters most to you requires careful consideration and experienced legal guidance. At UL Lawyers Professional Corporation, our dedicated Wills and Estate Lawyers understand that estate planning is deeply personal—it's about ensuring your wishes are honoured, your loved ones are protected, and your legacy is preserved. For over 10 years, our compassionate legal team has helped hundreds of clients across Ontario navigate the complexities of wills, estate administration, and succession planning with clarity and confidence.

Based in Burlington and proudly serving families throughout Toronto, Hamilton, Mississauga, Brampton, and the GTA, we provide comprehensive legal services tailored to your unique circumstances. Whether you're creating your first will, updating existing estate documents, or dealing with estate administration matters, our Wills and Estate Lawyers offer strategic, results-driven representation with a personal touch.

We believe legal excellence means taking the time to understand your goals and concerns, then crafting solutions that bring you peace of mind. Contact us today at 905-744-8888 to schedule a consultation and discover how we can help you secure your family's future.

Our Wills and Estate Planning Services

Our Wills and Estate Lawyers help Ontario families protect their assets and ensure their wishes are honoured. Based in Burlington, we provide comprehensive estate planning services across the GTA, guiding clients through every aspect of securing their legacy. In our experience, proper estate planning typically provides peace of mind and may help avoid costly disputes among family members after you're gone.

Last Will and Testament Preparation

Creating a legally valid will is essential for every Ontario resident. Our team drafts customized wills that reflect your unique circumstances and wishes, ensuring compliance with Ontario's Succession Law Reform Act. We provide guidance on executor selection, beneficiary designation, and specific bequests to minimize potential conflicts.

A valid will in Ontario must be in writing, signed by you, and witnessed by two individuals who are not beneficiaries. We recommend regular will reviews every 3-5 years or after major life events such as marriage, divorce, or the birth of children. Our lawyers have handled hundreds of will preparations, helping clients navigate complex family situations and business succession planning.

Powers of Attorney

Powers of Attorney are critical documents that may protect you if you become unable to manage your own affairs. Ontario law requires two separate documents: a Power of Attorney for Property to manage your financial affairs, and a Power of Attorney for Personal Care to make healthcare decisions on your behalf.

Our estate planning services ensure these documents comply with Ontario's Substitute Decisions Act and clearly outline your wishes. Without these documents in place, your family members may face costly and time-consuming court applications to gain authority to act on your behalf.

Comprehensive Estate Services

Our Wills and Estate Lawyers offer a full range of services to protect your interests:

• Estate administration and probate assistance – navigating the Certificate of Appointment process and managing Ontario's Estate Administration Tax (1.5% on estates over $50,000)
• Trust creation and management – establishing trusts for minor children, special needs beneficiaries, or tax planning purposes
• Secondary will strategies – minimizing probate fees on private corporation shares and other non-probatable assets
• Estate litigation support – resolving disputes over will validity, executor conduct, or beneficiary entitlements
• Beneficiary designation reviews – ensuring RRSPs, TFSAs, and life insurance policies align with your overall estate plan
• Guardianship provisions – protecting minor children through proper legal documentation

Our Burlington office works closely with clients to develop estate plans that address their specific needs. We also assist with related matters such as employment law considerations for business succession planning and civil litigation when estate disputes arise. For people with complex estates or family situations, professional legal help typically proves invaluable in avoiding common pitfalls that could delay estate administration or expose executors to personal liability.

Why Estate Planning Matters for Ontario Families

Proper estate planning protects your loved ones and ensures your wishes are respected after you pass away. Without a comprehensive plan in place, your family may face unnecessary legal disputes, financial burdens, and emotional stress during an already difficult time. Working with experienced Wills and Estate Lawyers helps you create legally sound documents that provide clarity and peace of mind for everyone involved.

In our experience serving families across the GTA, many people delay estate planning until a crisis occurs. This approach often leads to complications that could have been easily avoided with proactive planning.

Avoiding Intestacy in Ontario

When someone dies without a valid will in Ontario, their estate is distributed according to the Succession Law Reform Act rather than their personal wishes. This process, known as intestacy, typically follows a rigid formula that may not align with your intentions for your loved ones.

Under Ontario's intestacy rules, the distribution depends on your family structure. If you're married with children, your spouse receives a preferential share (currently $350,000), with the remainder divided between your spouse and children. Common-law partners may receive nothing under intestacy laws, regardless of relationship length. This inflexible framework often creates unintended consequences, particularly for blended families or people with specific wishes for asset distribution.

Estate Lawyers can draft a will that clearly expresses your intentions, preventing the province from making these critical decisions on your behalf. The legal requirements include proper signing and witnessing by two individuals who are not beneficiaries, ensuring your will withstands potential challenges.

Protecting Minor Children and Dependents

Appointing guardians for minor children is one of the most important aspects of estate planning. Without this designation, the court decides who will raise your children—a decision that may not reflect your preferences.

Creating trusts for children and vulnerable beneficiaries ensures their financial security while providing professional oversight of inherited assets. Our lawyers help structure these arrangements to protect beneficiaries who may lack financial experience or have special needs requiring ongoing support.

Key benefits of comprehensive estate planning include:

• Minimizing family conflict through clear asset distribution instructions
• Reducing probate costs (Ontario charges 1.5% on estates over $50,000)
• Establishing powers of attorney for property and personal care decisions
• Protecting business interests and ensuring smooth succession
• Providing tax-efficient strategies to preserve wealth for beneficiaries
• Creating trusts that offer long-term financial protection

Estate Administration and Probate in Ontario

Losing a loved one is difficult enough without navigating complex legal processes. When you're named as an executor or estate trustee in Ontario, you may face a range of responsibilities—from applying for probate to managing assets and addressing creditor claims. Our Wills and Estate Lawyers guide families through every stage of estate administration, helping executors fulfill their duties while protecting beneficiaries' interests.

Estate administration involves more than simply distributing assets. In our experience, executors often encounter unexpected challenges, from locating all estate assets to interpreting ambiguous will provisions. Our team provides practical legal support to help you avoid common errors that could delay administration or expose you to personal liability.

When Probate Is Required in Ontario

Probate—formally known as obtaining a Certificate of Appointment of Estate Trustee with a Will—is typically required when the deceased owned real estate solely in their name or held significant financial assets. Financial institutions and land registry offices generally require this court-issued certificate before releasing funds or transferring property titles.

However, not every estate requires formal probate. Assets with designated beneficiaries (such as life insurance policies or registered accounts) may pass directly to beneficiaries outside the estate. Similarly, jointly owned property with right of survivorship typically transfers automatically to the surviving owner.

The probate application process in Ontario typically takes 8–12 weeks or longer, depending on court backlog and estate complexity. During this time, executors must prepare detailed documentation and pay the Estate Administration Tax—approximately 1.5% on estates valued over $50,000. For people with complex estates involving multiple properties or business interests, strategic planning with experienced Estate Lawyers can sometimes minimize these costs through dual-will strategies or other legitimate approaches.

Executor Duties and Responsibilities

As an estate trustee, you carry significant legal obligations under Ontario law. Your responsibilities include identifying and securing all estate assets, notifying creditors and beneficiaries, filing required tax returns, and ultimately distributing assets according to the will's terms.

One client came to us after discovering that the deceased had assets in multiple provinces and unclear records. We helped the executor create a comprehensive asset inventory, obtain necessary clearance certificates from the Canada Revenue Agency, and prepare proper accountings for beneficiaries.

Common challenges executors face include:

• Managing beneficiary expectations while fulfilling legal duties impartially
• Addressing outstanding debts and determining which creditor claims are valid
• Interpreting ambiguous will provisions that may have multiple reasonable interpretations
• Handling estate property that requires maintenance, insurance, or sale
• Meeting the one-year distribution timeline from appointment, though courts typically grant extensions for complex estates

Our lawyers support executors throughout the process by providing clear legal guidance on your fiduciary duties, preparing and filing probate applications with the Ontario Superior Court of Justice, addressing creditor claims and tax obligations, and mediating disputes between beneficiaries when conflicts arise. If you're also dealing with employment law matters related to the deceased's business interests or need guidance on estate planning for your own family, we offer comprehensive legal support across these interconnected areas.

For people with questions about estate administration, we provide free legal consultations to help you understand your options and obligations. Contact our Burlington office to discuss how we can assist with your estate administration needs.

Estate Administration Tax and Probate Timeline (2026)

Estate Administration Tax — commonly called probate fees — is calculated on the value of estate assets passing through probate. Understanding the tiers and the typical estate timeline helps executors plan for cash flow and decide whether secondary wills or other tools can reduce the tax base.

Estate Administration Tax tiers

• Estates under $50,000: $0 — no Estate Administration Tax.
• Estates over $50,000: $15 per $1,000 (or part thereof) of estate value above $50,000 — effectively 1.5% of value over the threshold.
• Example: $500,000 estate = $6,750 EAT. $1,000,000 estate = $14,250 EAT.
• Reducing the EAT base: jointly held property, named-beneficiary RRSPs/TFSAs/insurance, and properly drafted secondary wills for private-company shares can lawfully bypass probate and reduce EAT.

Typical Ontario estate administration timeline

• Weeks 1–4: locate the will, secure assets, arrange the funeral, notify financial institutions, file the death certificate.
• Months 1–3: compile the inventory of assets and liabilities, value real estate and investments, file the Application for a Certificate of Appointment of Estate Trustee.
• Months 3–6: Certificate of Appointment usually issues 8 to 16 weeks after filing in Ontario Superior Court (Estates List).
• Months 6–12: pay debts, file final and estate T3 income tax returns, distribute interim amounts.
• Months 12+: obtain a clearance certificate from CRA before final distribution; many estates close in 12 to 18 months, longer if a will challenge or dependant-support claim is filed.

Will challenges and claims under Part V of the Succession Law Reform Act have a 6-month limitation period from the date the Certificate of Appointment is issued. Distribution before that date carries personal liability risk for the estate trustee.

Last Updated: May 2026 | This page is reviewed quarterly to reflect current Ontario estate law, EAT rates, and case law.

Specialized Estate Planning Topics

Most Ontario estates are straightforward, but several scenarios need specialized planning to avoid tax, probate, or capacity disputes down the line. Each is addressed below at a level you can use to decide whether your estate plan needs more than a basic will.

Henson trusts and special-needs planning

A properly drafted Henson trust allows a parent or grandparent to leave money for a beneficiary who receives Ontario Disability Support Program (ODSP) without disqualifying the beneficiary from those benefits. The trust must give the trustees absolute discretion — not the beneficiary — to control distribution. Combined with a Registered Disability Savings Plan (RDSP), a Henson trust can preserve hundreds of thousands of dollars in lifetime ODSP payments.

Multi-jurisdictional and cross-border estate planning

Ontario residents who own property in another province, the United States, or abroad need additional planning. U.S. property triggers U.S. estate-tax exposure when the gross estate exceeds the non-resident exemption (currently $60,000 USD). Snowbirds with Florida or Arizona property frequently use cross-border holdings (e.g., Canadian holding companies) or strategic title arrangements to manage exposure. Foreign jurisdictions with forced-heirship rules (parts of Europe and Quebec) limit how Ontario assets can be left.

Business and family-business succession

Business owners typically use a secondary will (Granovsky-style) to keep private-company shares out of probate, eliminating Estate Administration Tax on the business value. Buy-sell agreements funded by life insurance, family trusts holding growth shares, and estate freezes are the most common structures. The 2024 increase to the Lifetime Capital Gains Exemption (LCGE) on qualified small-business shares ($1.25M as of 2024) makes succession planning especially valuable for owner-operated businesses.

Capacity, guardianship, and substitute decision-making

When a person loses mental capacity without a Power of Attorney, a guardianship application under the Substitute Decisions Act becomes necessary. These applications are slower, more expensive, and more publicly scrutinized than executing a POA while still capable. Existing POAs should be reviewed every 3–5 years and after major events (separation, remarriage, attorney moving abroad).

Electronic and remote-witnessed wills

Section 21.1 of the Succession Law Reform Act permits remote-witnessed wills via audiovisual technology, provided strict procedural requirements are followed. Purely electronic wills (signed with a digital signature only) remain not valid in Ontario; the requirement for two witnesses signing in the testator's presence is unchanged. Recent Ontario case law (e.g., Gebremariam v. Mengesha) has continued to refine the boundaries.

Will challenges and dependant support claims

Will challenges typically allege one of: lack of testamentary capacity, undue influence, suspicious circumstances, or non-compliance with formal execution rules. Dependant-support claims under Part V of the Succession Law Reform Act can override the will entirely where a person who was being supported (a spouse, child, or person to whom the testator was providing support) was inadequately provided for. Both must be filed within strict deadlines after the Certificate of Appointment issues.

Related Resources

Explore these guides for more on Ontario wills, probate, and estate administration:

• Estate Planning Checklist Canada: 7 Essential Tips (26 min read)
• How to Probate a Will in Ontario: Step-by-Step Guide (24 min read)
• Ontario Probate Fees Calculator (16 min read)
• Power of Attorney vs Executor: An Ontario Guide (24 min read)
• Executor Personal Liability Ontario: Protect Your Assets (20 min read)