Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
A Will & Testament is a formal legal document that outlines how a person’s assets, property, and affairs should be handled after their death. In Ajax, Ontario, which falls under the jurisdiction of Ontario provincial law, making a valid will is critical to ensuring that your wishes are respected and that your loved ones are provided for without unnecessary complication or delay. Will & Testament law involves rules around who can make a will, how it must be witnessed and signed, how estates are administered, and what happens if someone passes without a will (known as dying intestate).
Although some people consider writing their own will, there are many scenarios where professional legal advice is invaluable, including:
A lawyer can provide guidance tailored to your specific situation, help with drafting a clear and valid will, and offer peace of mind that your intentions will be carried out.
Ajax is part of Ontario and the laws governing wills and estates are primarily set out under Ontario’s Succession Law Reform Act and the Estates Act. Key aspects of local law include:
If you die without a will (intestate), Ontario law decides how your assets are distributed, which may not match your preferences. Typically, your closest relatives will inherit in a specific order prescribed by the law.
While the law does not mandate that a lawyer draft your will, professional legal advice can help avoid mistakes, ambiguities, and potential disputes that may arise from a do-it-yourself or poorly drafted will.
Witnesses must be adults (at least 18 years old), sound of mind, and not beneficiaries of the will or their spouses. Having beneficiaries as witnesses can invalidate the gifts to them under Ontario law.
Yes, you can update your will at any time as long as you have the legal capacity to do so. Changes must comply with the same legal requirements as the original will, and formal amendments (called codicils) or new wills can be created.
Probate is the legal process of validating a will and confirming the authority of the executor to administer the estate. Not all estates require probate, but most do; it depends on the type of assets and their value.
Your will can name a guardian for your minor children, expressing your wishes. While courts are not bound to follow this, they give significant weight to your choice unless there is a compelling reason not to do so.
Yes, certain individuals (such as spouses, children, dependents) can challenge a will if they believe they were unfairly left out or if there are concerns about the will’s validity, undue influence, or capacity of the testator.
The executor is responsible for collecting assets, paying debts and taxes, and distributing assets to beneficiaries in accordance with your will. It’s a significant responsibility and should be given to someone trusted and capable.
Marriage no longer automatically revokes a will (as of January 1, 2022). Divorce, however, revokes gifts to a former spouse and their appointment as executor, unless your will specifies otherwise.
In many cases, jointly owned property (like a house owned as joint tenants) automatically passes to the surviving owner. However, how property is held (joint tenancy vs tenancy in common) affects what happens and may override your will.
If you are seeking more information or assistance regarding wills and testaments in Ajax, consider the following resources:
If you need legal assistance with a will or estate matter in Ajax, consider the following pathway:
Taking these steps now can help provide security and peace of mind for you and your loved ones, ensuring your wishes are respected and your estate is settled smoothly.
