Best Will & Testament Lawyers in Oakville

About Will & Testament Law in Oakville, Canada

Oakville residents make their wills under Ontario law, which applies across the province. A will is a legally binding document that explains how your property should be managed and distributed after death, who should act as your estate trustee often called an executor, and who should care for minor children. Ontario legislation that commonly applies includes the Succession Law Reform Act, Estates Administration Act, Trustee Act, Family Law Act, Substitute Decisions Act, and related court rules and regulations.

In Ontario, a will must generally be in writing and signed by the person making it the testator in the presence of two witnesses who sign in the testator’s presence. A handwritten will called a holograph will is also valid if it is entirely in the testator’s handwriting and signed. Notarization is not required. Some wills need probate called a Certificate of Appointment of Estate Trustee to confirm the executor’s authority. Probate is handled by the Superior Court of Justice that serves Halton Region, which includes Oakville.

Good planning in Oakville often involves coordinating your will with beneficiary designations on registered plans and insurance, planning for family needs, and minimizing taxes and fees where possible. For business owners, professionals, and families with private company shares, multiple wills are sometimes used in Ontario to reduce probate tax on certain assets.

Why You May Need a Lawyer

Many people can benefit from legal advice to avoid mistakes, reduce costs, and protect loved ones. You may want a lawyer if you have a blended family, are separated or divorced, or want to provide for a common law spouse. Ontario has specific rules that affect spouses and dependants, and a lawyer can help you plan around those rules.

Legal help is valuable if you own a home, cottage, or rental property in Oakville or elsewhere, or if you hold assets in more than one province or country. Cross border assets can require extra steps to avoid delays. If you have a private corporation or operate a professional corporation, a lawyer can advise on multiple wills and succession planning for shares, shareholder agreements, and continuity of the business.

You may need a lawyer if a loved one has a disability or special needs, because a Henson trust or other discretionary trust can protect eligibility for the Ontario Disability Support Program. You may also want advice if you want to exclude or limit gifts to certain family members, because Ontario allows dependant support claims and a court can make orders that affect your plan.

When someone has died, an estate lawyer can guide the executor through probate applications, estate administration tax, creditor claims, tax filings, real estate transfers, and distributions. Legal help is especially important if a will is missing, unclear, or potentially invalid, or if there is a dispute about capacity, undue influence, or the meaning of the will.

Local Laws Overview

Execution and witnessing. In Ontario a typed will must be signed by the testator in the presence of two witnesses who sign in the testator’s presence. Witnesses should be independent. If a witness or the witness’s spouse is a beneficiary, the gift to that witness is usually void unless a court validates it, so it is safest to use neutral witnesses. A holograph will is valid if fully handwritten and signed. Ontario permits remote witnessing by audio video communication if strict rules are followed, including that at least one witness is a Law Society of Ontario licensee and the will is signed in counterparts. Ontario does not permit a purely electronic will that exists only in digital form.

Revocation and changes. You can revoke a will by making a new one or by destroying the original with intent to revoke. As of 2022, marriage does not automatically revoke a will in Ontario. Divorce generally revokes gifts to a former spouse and removes them as executor unless the will states otherwise. Certain separated spouses are treated like divorced for these purposes if separation requirements are met. Changes to a will are made by a new will or a codicil that meets the same formalities.

Intestacy. If you die without a will, the Succession Law Reform Act sets out who inherits. A spouse receives a preferential share currently 350,000 dollars, then the balance is shared with children based on a formula. If there is no spouse or children, the estate goes to other relatives according to a statutory order. Without a will, you lose the ability to choose guardians for minor children and to control timing of distributions.

Dependants and spouses. Ontario allows a dependant spouse, child including certain adult children, parent, or sibling who was being supported or entitled to support to apply for dependant support from the estate. A surviving married spouse can choose between taking under the will or seeking an equalization of net family property under the Family Law Act. The matrimonial home has special protections that can limit what happens under a will if a married spouse has occupancy rights.

Probate and fees. Many estates require a Certificate of Appointment of Estate Trustee to transfer assets. Joint assets with right of survivorship and assets with valid beneficiary designations may avoid probate. The Estate Administration Tax is 0 dollars on the first 50,000 dollars of estate value and 1.5 percent on the value over 50,000 dollars. After receiving the certificate, the estate trustee must usually file an Estate Information Return with the Ontario Ministry of Finance within 180 days. Ontario has a simplified small estate application for estates up to 150,000 dollars.

Taxes at death. Canada treats you as having sold most property at fair market value immediately before death, which can trigger capital gains tax. RRSPs and RRIFs are generally fully taxable unless they are rolled to a spouse or certain dependants. Principal residence rules and spousal rollovers can reduce or defer tax. Estate planning should be coordinated with a tax professional.

Executor duties and compensation. An executor must collect assets, pay debts and taxes, keep accurate records, and distribute the estate according to the will. Executor compensation in Ontario is guided by common law and typical ranges are often discussed around 2 to 5 percent of receipts and disbursements, plus a possible care and management fee, but the right amount depends on the work involved and is subject to court oversight or beneficiary approval.

Business and probate planning. Ontario recognizes multiple wills for certain assets such as shares of a private corporation, which can reduce probate tax. Proper drafting and corporate records are critical. Real estate, especially if in different jurisdictions, may require additional steps or local probate. Joint ownership and beneficiary designations should be coordinated to avoid unintended results.

Frequently Asked Questions

Who can make a will in Ontario, and what are the basic requirements

A person who is at least 18 and has testamentary capacity can usually make a will. There are limited exceptions for younger people who are married or in the military. Capacity means you understand what a will is, what property you own in a general way, and who might expect to benefit. A typed will must be in writing, signed at the end by the testator, and signed by two independent witnesses who are present at the same time. A holograph will is valid if it is entirely handwritten and signed by the testator. Notarization is not required in Ontario.

Are handwritten or online wills valid in Oakville

A handwritten holograph will can be valid if entirely written and signed by you, but it is easy to make mistakes that cause delays or litigation. Ontario does not allow purely electronic wills. Online will services can produce a paper will, but the will still must be printed and properly signed and witnessed to be valid. For remote witnessing, Ontario has special rules, including the requirement that at least one witness be a Law Society of Ontario licensee.

Does marriage, separation, or divorce affect my will

Marriage no longer revokes a will in Ontario. Divorce generally cancels gifts to a former spouse and removes them as executor unless your will says differently. As of 2022, certain separated spouses are treated like divorced for these purposes if legal separation requirements are met. If your relationship status changes, review and update your will and beneficiary designations promptly.

Do I need probate in Oakville, and how much will it cost

Probate is required when third parties such as banks or the land registry need court confirmation of the executor’s authority. Joint assets with right of survivorship and assets with named beneficiaries can often pass outside the estate. The Estate Administration Tax is 0 dollars on the first 50,000 dollars of estate value and 1.5 percent on the amount over 50,000 dollars. Legal fees and court filing fees are separate. Estates up to 150,000 dollars may use a simplified small estate procedure, though tax rules still apply.

What happens if someone dies without a will in Ontario

The estate is distributed according to the Succession Law Reform Act. A spouse receives a preferential share currently 350,000 dollars, and the remainder is shared with children according to a formula. If there is no spouse or children, the law sets out the next relatives who inherit. Without a will, you cannot name guardians for minors, choose an executor, control timing of distributions, or implement tax efficient planning.

Can I disinherit a spouse or child

You generally cannot prevent a married spouse or a dependant from seeking support or other rights provided by Ontario law. A married spouse can elect to seek an equalization of net family property instead of taking under the will. Dependants including certain adult children who were being supported can apply to the court for support from the estate. Independent adult children who are not dependants do not have an automatic right to inherit, but careful planning and clear reasons can help reduce the risk of litigation.

How do beneficiary designations and joint ownership affect my will

Designations on RRSPs, RRIFs, TFSAs, and life insurance generally pass outside your estate to the named beneficiary. Joint assets with right of survivorship usually pass to the surviving joint owner. These transfers often do not require probate. Your designations and joint ownership should be coordinated with your will to avoid conflicts or unintended unequal results. Beneficiary designations can have significant tax and family law implications, so review them with your lawyer and advisor.

What should I consider when choosing an executor

Choose someone trustworthy, organized, and willing to act. Consider their location, availability, financial literacy, and ability to work with beneficiaries. You can name more than one executor or name an alternate. Professional executors or trust companies can be considered for complex estates. You can provide for reasonable compensation. Discuss the role with your chosen person before naming them.

How can I provide for a loved one with a disability

Many Ontario families use a Henson trust, a fully discretionary trust that can protect eligibility for the Ontario Disability Support Program while still providing support. The will names a trustee and sets flexible terms for spending on the beneficiary. Coordination with a Registered Disability Savings Plan, ODSP rules, and caregiver plans is important. Legal advice is essential to get the trust terms right.

I own a business or a professional corporation. How should my will address it

Business owners often use multiple wills in Ontario to separate private company shares from assets that require probate, which can reduce estate administration tax. Your plan should coordinate shareholder agreements, buy sell provisions, valuation methods, key person insurance, and continuity plans. Keep corporate minute books and share registers up to date. Consider powers of attorney for property to ensure someone can run the business if you are incapacitated.

Additional Resources

Ministry of the Attorney General of Ontario for wills and estates information and court processes. Ontario Superior Court of Justice for probate forms and procedures. Ontario Ministry of Finance for Estate Administration Tax and Estate Information Return guidance. Law Society of Ontario Referral Service for help finding a lawyer. Ontario Bar Association Trusts and Estates Section for public education. Halton Community Legal Services for eligible local residents. Office of the Public Guardian and Trustee for certain estate and capacity matters. Canada Revenue Agency for final returns, terminal return guidance, and clearance certificates. ServiceOntario for forms and general provincial services related to estates. Town of Oakville and Halton Region offices for local property and municipal matters that may affect estates.

Next Steps

Start by listing your assets and debts, including real estate, bank and investment accounts, registered plans, life insurance, business interests, vehicles, digital assets, and any property outside Ontario. Note how each asset is owned and whether a beneficiary is designated. Identify your intended beneficiaries, guardians for minor children, and your preferred executor and alternates.

Schedule a consultation with an Ontario estates lawyer who serves Oakville. Bring identification and your asset list, beneficiary designations, any prior wills or powers of attorney, marriage or separation agreements, corporate records, and relevant tax filings. Explain your goals, family dynamics, and any concerns about dependants or potential disputes. Ask about options to minimize probate tax and income tax, including multiple wills, trusts, designations, and joint ownership used appropriately.

Once your will and related documents are drafted, follow the signing instructions carefully. Use two independent adult witnesses and avoid witnesses who are beneficiaries or spouses of beneficiaries. If using remote witnessing, make sure all statutory requirements are met. Store the original will in a safe but accessible place, tell your executor where it is, and keep a copy and signing affidavit with it. Update your plan after major life changes such as marriage, separation, birth or adoption of a child, death of a beneficiary, a significant change in assets, or a move to another province or country.

If you have been named as an executor, obtain the death certificate, secure the home and assets, locate the original will, and consult a lawyer before distributing anything. Determine whether probate is needed, estimate estate administration tax, and calendar the deadline to file the Estate Information Return. Coordinate with a tax professional on the final return and any estate returns. Keep detailed records from day one and communicate clearly with beneficiaries.

Thoughtful planning now can save your family time, money, and stress later. Local legal advice tailored to Oakville and Ontario law will help you create a plan that is clear, valid, and efficient.