Top 5 Questions About Creating A Will And Testament In Ontario Answered: Start Yours Confidently
Jan 28, 2025
There are many questions people commonly ask when creating a will and testament in Ontario. It’s one of the most important steps you can take to protect your loved ones and ensure your wishes are followed after your passing. However, the process can be overwhelming. When you need more clarity around the legal requirements it’s important to seek insights from a lawyer specializing in wills and estates.
In this blog post, we answer the top five questions about creating your will and testament in Ontario, so that you can get started confidently.
Create A Will And Testament In Ontario: Commonly Asked Questions
Here are some of the top questions we receive about navigating this essential aspect of estate planning. The team at Kelly Jordan Family Law is always available to support you as you start planning your will.
1. Do I Need a Lawyer to Create a Valid Will in Ontario?
While it is not legally required to hire a lawyer to draft your will in Ontario, working with one can provide invaluable peace of mind. A will must meet specific legal requirements under Ontario’s Succession Law Reform Act to be valid. For example, it must be written, signed by you, and witnessed by two individuals who are not beneficiaries of the will.
While DIY wills are an option, errors in drafting or execution can lead to costly legal disputes or render the will invalid.
The benefit of consulting a lawyer specializing in wills and estates is ensuring your will meets all legal requirements and accurately reflects your intentions. A lawyer can also provide guidance on complex estate planning issues, such as minimizing taxes and addressing family dynamics.
2. What Happens If I Die Without a Will in Ontario?
If you pass away without a valid will, you are considered to have died “intestate.” Ontario’s Intestacy Rules will determine how your estate is distributed. Under these rules, your closest relatives—typically your spouse and children—will inherit your assets according to a fixed formula.
According to Part II of the Succession Law Reform Act, here’s a quick breakdown of intestate succession in Ontario:
- If you have a spouse but no children, your spouse inherits your entire estate.
- If you have a spouse and children, your spouse receives the first $350,000 of your estate, and the remainder is divided between your spouse and children.
- If you have no spouse or children, your estate is distributed to other family members, such as parents or siblings.
Passing away without a will can result in unexpected outcomes, particularly if you have specific preferences for who should inherit your assets or want to provide for someone outside the default intestacy rules.
Creating a well-crafted will gives you the power to decide how your estate is distributed.
3. Can I Make Changes to My Will, and How Do I Do It?
Yes, you can update your will at any time, and it is a good idea to do so after major life changes such as:
- Marriage or divorce
- Birth of children or grandchildren
- Acquiring significant assets
- Changes in your relationships with beneficiaries
There are two main ways to make changes to your will:
- Codicil: This is an amendment to your existing will. It must be signed and witnessed just like the original will.
- New Will: Drafting a new will is often simpler and more effective, especially if you have numerous changes. Be sure to include a clause that revokes all previous wills.
A lawyer specializing in wills and estates can help you make updates to your will while ensuring the new document aligns with your overall estate planning goals.
4. Who Should I Appoint as My Executor?
Your executor, also known as your estate trustee, plays an important role in managing your estate after your death. Their responsibilities include:
- Gathering and valuing your assets
- Paying debts and taxes
- Distributing assets to beneficiaries
When choosing an executor, consider someone who is trustworthy, organized, and capable of handling financial matters.
Many people select a family member, close friend, or professional such as a lawyer or accountant. It’s also a good idea to discuss your decision with the person you choose to ensure they are willing to take on this responsibility.
If your estate is complex, working with a lawyer experienced in wills and estates in Toronto can help your executor navigate their duties and minimize the risk of legal complications.
5. How Can I Ensure My Will Stays Updated and Valid?
Regularly reviewing your will is essential to ensure it aligns with your current wishes and life circumstances. It’s not a “set it and forget it” document. Key reasons for updating your will include:
- Changes in your marital status
- The birth or adoption of children
- Significant financial changes, such as buying property or starting a business
- Changes in the relationships with your beneficiaries or executor
Store your will in a safe place, such as a safety deposit box or a secure home safe. Inform your executor of its location so they can access it when needed.
When big changes happen in your life, a consultation with a lawyer specializing in wills and estates can help you keep your estate plan up-to-date and legally sound.
The Importance of Professional Guidance For Your Ontario Will And Testament
Creating a will is a deeply personal process, but it’s also a legal one. The guidance of an experienced lawyer for wills and estates can make all the difference in ensuring your wishes are carried out without unnecessary complications.
Whether you’re drafting your first will, updating an existing one, or navigating complex estate planning issues, professional advice can save time, reduce stress, and provide peace of mind.
Working With A Lawyer For Wills And Estates In Toronto – Kelly Jordan Family Law
At Kelly Jordan Family Law, we understand the unique concerns families face when planning for the future. We can answer more questions about your will and testament in Ontario.
Our team is here to provide clear, compassionate, and practical advice on wills, estates, and other family law matters. If you’re looking for a lawyer for wills and estates in Toronto, contact us today. Schedule a consultation and take the first step toward securing your family’s future.
By addressing these common questions about wills and testaments in Ontario, we hope to demystify the process and empower you to take control of your estate planning. Remember, a well-drafted will is not just a legal document—it’s a way to protect your loved ones and ensure your legacy lives on.
Our experienced team of family law lawyers in Toronto is dedicated to providing compassionate and effective legal counsel.
Connect with Kelly Jordan, our family law lawyer, to see how she can support you regarding your legal needs.
You can contact us online or call our Toronto offices at 416-849-5501 to schedule a consultation.
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