A wills and estates lawyer protects your assets and family by drafting legally valid wills, establishing powers of attorney for property and personal care and guiding executors through probate and estate administration in Ontario.
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A wills and estates lawyer drafts legally compliant wills, establishes powers of attorney for property and personal care, creates tax-minimization strategies, and guides families through probate and estate administration.
We ensure your wishes are documented properly, reduce family conflict, and help executors navigate Ontario’s legal requirements.
Why you need one: DIY wills often fail in court due to technical errors, unclear language, or improper execution. Ontario law is specific about what makes a will valid, and mistakes can invalidate your entire estate plan.
Common triggers: Marriage, divorce, birth of children, purchasing property, starting a business, significant wealth accumulation, or aging parents needing care arrangements.
You should consult an estate planning lawyer if you:
Krol & Krol’s wills and estates lawyers in Toronto assist with every aspect of planning and administration:
You don’t legally need a lawyer to make a will in Ontario, but many self-made wills are invalid or unclear due to technical errors in execution, witnessing, or language.
A wills and estates lawyer ensures your will complies with Ontario’s Succession Law Reform Act, is properly signed and witnessed, and accurately reflects your wishes in legally enforceable language.
Common DIY will problems: Improper witnessing, unclear beneficiary designations, invalid revocation of previous wills, failure to address residual estate, and ambiguous guardian appointments.
If you die without a will in Ontario, your estate will be distributed under Ontario’s intestacy laws, which may not align with your wishes. Your spouse may have to share with adult children, common-law partners receive nothing, and the court appoints administrators to manage your estate. This process is slower, more expensive, and often causes family disputes.
Intestacy distribution: Spouse gets first $350,000, remainder split with children. No spouse? Children inherit equally. No children? Parents inherit. The formula continues through extended family, and if no relatives exist, your estate goes to the Ontario government.
You should update your will every 3-5 years or after major life changes such as marriage, divorce, birth or adoption of children, significant asset changes, or death of beneficiaries or executors. Ontario law automatically revokes wills upon marriage (unless the will specifically contemplates that marriage) and revokes gifts to former spouses upon divorce.
Red flags for immediate updates: Executor is no longer willing or able to serve, guardians for minor children are no longer appropriate, beneficiaries have died or circumstances changed, significant wealth increase or business ownership, or moving to a different province or country.
Most Ontario estates require probate (officially called a Certificate of Appointment of Estate Trustee). Financial institutions, land registry offices, and many other entities require probate before releasing assets. Probate validates your will, confirms executor authority, and protects third parties from liability.
When probate may not be needed: Small estates under $50,000 with no real estate, assets with designated beneficiaries (life insurance, RRSPs, TFSAs with named beneficiaries), jointly owned property with right of survivorship, or assets in living trusts.
Probate costs in Ontario: 0.5% on the first $50,000, then 1.5% on amounts over $50,000. For a $500,000 estate, probate tax is approximately $7,000.
Yes, wills can be contested in Ontario. Common grounds include lack of testamentary capacity (mental competence), undue influence or coercion, improper execution (signature and witnessing requirements not met), fraud, or claims under the Succession Law Reform Act by dependents who were inadequately provided for.
Protection strategies: Clear documentation of mental capacity at time of signing, independent legal advice, witness statements, video recordings of will signing, and detailed explanations for unusual distributions or exclusions of family members.
Time limits: Will challenges must generally be brought within two years of the testator’s death, though dependants’ support claims can be made within six months of probate.
A Power of Attorney is a legal document appointing someone (your “attorney”) to make decisions on your behalf if you become unable to do so. Ontario recognizes two types: Power of Attorney for Property (financial decisions) and Power of Attorney for Personal Care (healthcare and living arrangements).
Power of Attorney for Property allows your attorney to manage bank accounts, pay bills, file taxes, manage investments, sell property, and handle business matters.
Power of Attorney for Personal Care allows your attorney to make healthcare decisions, consent to medical treatment, choose living arrangements, and make end-of-life care decisions.
Important: Powers of Attorney only work while you’re alive. After death, your executor takes over according to your will.
Planning your estate is one of the most important steps you can take for your family’s future. Don’t wait until it’s too late.
Contact Krol & Krol today to schedule your consultation with an experienced wills and estates lawyer in Toronto. We’ll help you protect your assets, provide for your loved ones, and secure your legacy.
