Ontario Wills & Estate Planning:
Frequently Asked Questions

A will is the only legal document that lets you decide what happens to your property, your savings, and your personal belongings after you pass away. Without one, the Ontario Succession Law Reform Act dictates how your estate is divided — and the result may look nothing like what you would have chosen. A will also lets you name the person you trust to manage your estate (your estate trustee), and if you have minor children, it is the place where you nominate their guardian. In short, a will replaces uncertainty with clarity and gives your family a roadmap during one of the most difficult times of their lives.

Dying without a will is called dying “intestate.” Under Ontario law, your estate is distributed according to a rigid statutory formula. If you are married with children, your spouse receives the first $350,000 of the estate, and the remainder is split between your spouse and children in set proportions. Common-law partners receive nothing under this formula, regardless of how long you have been together. The court will appoint an estate administrator (who may not be the person you would have chosen), and the process is typically slower, more expensive, and more stressful for your family. Having a will avoids all of this.

A complete estate plan for most Ontario residents includes three core documents. First, a Last Will and Testament, which directs how your assets are distributed, names your estate trustee, and nominates guardians for minor children. Second, a Continuing Power of Attorney for Property, which appoints someone to manage your finances if you become incapable. Third, a Power of Attorney for Personal Care, which appoints someone to make health care decisions on your behalf. We strongly recommend that all three be prepared at the same time, because the powers of attorney protect you while you are alive, while the will protects your family after you pass.

We recommend reviewing your will and powers of attorney every three to five years, or sooner if you experience a significant life event. Triggers for an update include marriage, separation or divorce, the birth or adoption of a child or grandchild, a significant change in your financial situation, the purchase or sale of property (especially a cottage or second home), the death of a named beneficiary or estate trustee, a move to or from another province, or a change in your wishes about how your estate should be distributed.

Yes. Unexpected events do not discriminate by age. If you own any property, have savings or investments, are in a relationship, or have children, a will protects the people and things that matter to you. For younger adults, a will is often simpler and less expensive to prepare, and powers of attorney are arguably even more important — because without them, your family may need to go to court to obtain the legal authority to manage your affairs if you are in an accident or become seriously ill.

Ontario law does permit handwritten (“holograph”) wills, but we strongly advise against them. A holograph will must be entirely in your own handwriting and signed by you, with no witnesses. While technically valid, they are far more likely to be challenged, misinterpreted, or found to contain errors that create expensive legal disputes. They also cannot incorporate the kinds of protective provisions — trusts for minor children, tax planning, contingency clauses — that a professionally drafted will includes. The cost of having a lawyer prepare your will is modest compared to the cost of sorting out problems caused by a defective one.

A power of attorney is a legal document that gives someone you trust the authority to act on your behalf. A Continuing Power of Attorney for Property allows your chosen person (your “attorney”) to manage your bank accounts, pay your bills, manage investments, and handle financial transactions if you are unable to do so. A Power of Attorney for Personal Care allows your chosen person to make decisions about your health care, housing, nutrition, and personal safety. Without these documents, your family would need to apply to the court for guardianship — a process that is time-consuming, expensive, and emotionally difficult.

The cost depends on the complexity of your situation. A straightforward will and powers of attorney for a single person is less expensive than a comprehensive estate plan for a couple with blended families, business interests, and multiple properties. At Bussey Ainsworth, we discuss fees openly at the outset so there are no surprises. We encourage you to call our office at 705-749-0628 to discuss your situation and learn about our fee structure. In our experience, the cost of a properly prepared will is a fraction of the cost your family would face dealing with an intestate estate or a defective will.

We provide a detailed Will & POA Worksheet that you can download from our Guides & Checklists page and complete before your appointment. It asks for information about your family, your assets, your debts, the people you want to name as your estate trustee and attorneys, and your wishes for distribution. Having this information ready makes the consultation much more productive. You don’t need to have everything perfect — that’s what the meeting is for — but the more prepared you are, the more ground we can cover together.

Yes, significantly. In Ontario, marriage automatically revokes a prior will unless the will was made expressly in contemplation of that marriage. This means that if you get married and do not make a new will, you are effectively intestate. Divorce does not revoke your will entirely, but it does revoke any gifts or appointments made to your former spouse. However, separation without a formal divorce has no automatic effect on your will at all — which means your estranged spouse could still inherit under your existing will. These are exactly the kinds of situations where prompt legal advice can prevent serious unintended consequences.

Absolutely. Charitable bequests are a meaningful way to leave a lasting legacy, and they can also provide significant tax benefits to your estate. You can leave a specific dollar amount, a percentage of your estate, or the residue of your estate to one or more registered charities. At Bussey Ainsworth, Barry Bussey has extensive experience in charity law and can help you structure charitable gifts in a way that maximizes the benefit to both the charity and your estate.

The first step is to call our office at 705-749-0628 to book a consultation. You can also download our free Will & POA Worksheet from our Guides & Checklists page to begin gathering your information. We’ll walk you through the process, answer all of your questions, and make sure that your estate plan reflects your wishes and protects the people who matter most to you.