Civitas Law
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Toronto · Serving the GTA

Wills & Estates Lawyer in Toronto

Thoughtful estate planning and steady estate administration for Toronto families.

Book a consultationCall (647) 271-1646

30-minute consultation, $150 plus HST, paid when you book.

Wills and estates lawyer in Toronto preparing a will Wills & Estates
Overview

What a Toronto wills and estates lawyer handles

Wills and estates in Ontario are governed primarily by the Succession Law Reform Act, which sets out what happens both when someone dies with a valid will and, importantly, when they die without one. Civitas Law helps Toronto clients prepare wills, powers of attorney for property and personal care, and basic estate plans suited to their family situation, and assists executors with the probate process through the Ontario Superior Court of Justice.

We also advise families navigating the administration of an estate when there is no will, or when disputes arise among beneficiaries.

How we help

Wills and estates matters we handle in Toronto

Direct access to your lawyer at every stage, with clear, honest advice about your options.

Will drafting

We draft wills tailored to your family situation, including blended families, minor children, and specific bequests.

Powers of attorney for property and personal care

We prepare powers of attorney so a trusted person can manage your finances or care decisions if you become unable to.

Estate administration and probate

We guide executors through applying for a Certificate of Appointment of Estate Trustee and administering the estate.

Intestacy guidance

We advise families on how an estate is distributed under the Succession Law Reform Act when someone dies without a will.

Estate planning for blended families and business owners

We help clients with more complex family or business circumstances plan an estate that reflects their intentions.

Dependant's relief and will disputes

We advise clients on claims involving dependant support or challenges to the validity of a will.

Guardianship applications

We assist families seeking guardianship for a loved one who has become incapable of managing their own affairs.

Ontario context

How wills, powers of attorney and probate work in Ontario

Ontario's Succession Law Reform Act sets out the formal requirements for a valid will and, critically, the rules of intestate succession that apply when someone dies without one, which can produce results a person might not have intended, such as a division between a spouse and children rather than everything passing to a surviving spouse. The Substitute Decisions Act governs powers of attorney for property and personal care, allowing a person to name someone to manage their finances or health decisions if they become incapable.

Executors administering an estate typically apply to the Ontario Superior Court of Justice for a Certificate of Appointment of Estate Trustee, and Ontario also levies an Estate Administration Tax on the value of the estate at the time probate is sought. Toronto's Superior Court maintains a dedicated Estates List for contested matters, reflecting how frequently disputes over wills, capacity, and dependant support arise in a city with Toronto's population and property values.

FAQs

Questions Toronto clients ask about wills & estates

Plain-language answers to the questions we hear most. Every matter is different, so treat these as a starting point.

What happens if I die without a will in Ontario?
Your estate is distributed according to a fixed formula under the Succession Law Reform Act, which may not match what you would have wanted, particularly for common-law partners, who have no automatic entitlement under intestacy rules. Having a will lets you control who receives your property and who acts as executor.
Do I need a lawyer to write a will in Ontario?
It's not legally required, but a lawyer helps ensure your will is validly executed, addresses your specific family situation, and reduces the risk of it being challenged later. Improperly executed or ambiguous wills are a common source of estate disputes.
What is probate and is it always required?
Probate is the court process of formally appointing an executor and confirming a will's validity, and while not every estate strictly requires it, financial institutions and land registries generally require probate before releasing significant assets or transferring real estate. We advise executors on whether probate is necessary for a specific estate.
How much does probate cost in Ontario?
Ontario charges an Estate Administration Tax based on the value of the estate, in addition to legal fees for preparing the probate application, and the exact amount depends on the size and complexity of the estate. We provide an estimate based on the estate's assets before starting the application.
What's the difference between a power of attorney for property and for personal care?
A power of attorney for property lets someone manage your finances and legal matters, while a power of attorney for personal care lets someone make health and living decisions on your behalf if you become incapable. Most estate plans include both documents.
Can a will be challenged in Ontario?
Yes, wills can be challenged on grounds like lack of capacity, undue influence, or improper execution, and dependants who feel inadequately provided for may also bring a support claim regardless of the will's terms. These disputes are heard through the Superior Court of Justice's Estates List.
What is a wills and estates lawyer?
A wills and estates lawyer helps people plan for what happens to their property after death and helps families settle an estate afterward. This includes drafting wills and powers of attorney, advising on estate planning, and guiding executors through probate and estate administration in Ontario.
When should I update my will in Ontario?
A will should be reviewed after major life events such as marriage, separation, the birth of a child, a significant change in assets, or the death of an executor or beneficiary. In Ontario, marriage no longer automatically revokes an existing will, so updating documents after these events is important.
What is the difference between a will and a power of attorney?
A will only takes effect after death and directs how property is distributed, while a power of attorney takes effect during a person's lifetime and lets a chosen person manage finances or make personal care decisions if that person becomes incapable. Most Ontario estate plans include both documents.
Do I need a lawyer for estate administration in Ontario?
A lawyer is not legally required to administer an estate, but executors face personal liability for mistakes, and the probate application and Estate Administration Tax filings involve strict procedural requirements. A lawyer guides an executor through these steps and helps reduce the risk of disputes among beneficiaries.
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Straightforward legal advice from a Toronto lawyer.

30-minute consultation, $150 plus HST, paid when you book. Personal injury matters start with a free 10-minute case review with the lawyer. Consultations are confidential.

Book a consultationCall (647) 271-1646