Updated September 8, 2026 · Legally reviewed by Jaspreet Kaur Daley, Ontario Lawyer
A Will can name the person who administers your estate, direct gifts of estate property and address important contingencies. It does not authorize decisions during your lifetime or automatically control every asset. The useful question is whether your Will, Powers of Attorney, ownership arrangements and beneficiary designations work together.
For an Ontario family, a starting point is to identify the decisions you want to make rather than leave to default rules or an unresolved application.
What does a will do in
Ontario?
A will is a written legal document that takes effect when you die.
Depending on your circumstances and how the document is drafted, it
can:
- name the person who will administer your estate, often called an
estate trustee or executor; - direct how property that forms part of your estate should be
distributed; - name alternate beneficiaries if your first choice dies before
you; - create trusts and set ages or conditions for young beneficiaries to
receive their inheritance; - leave specific gifts to people or charities; and
- record appointments and wishes concerning children, subject to
Ontario law and the court’s authority.
Ontario’s Succession Law Reform Act generally requires a
will to be in writing and properly executed. A typical formal will must
be signed at its end by the person making it, with two witnesses present
at the same time, and the witnesses must also sign in that person’s
presence. Different rules apply to holograph wills and certain other
situations.
Ontario courts have limited power to validate some documents that
were not properly executed if they record the deceased person’s
testamentary intentions. That is a potential remedy after a problem
occurs. It is not a sensible substitute for preparing and signing a will
correctly.
What happens
if you die without a will in Ontario?
Dying without a valid will is called dying “intestate.” The intestacy
rules in Ontario’s Succession Law Reform Act determine who
receives the estate property and in what shares. The result is based on
legislation, not on who was closest to you or what your family believes
you would have wanted.
For example:
- A legally married spouse may be entitled to all or part of the
intestate estate, depending on whether the deceased also left children
or other descendants. - If there is a married spouse and children, the spouse may receive a
preferential share before the remaining estate is divided. For deaths on
or after March 1, 2021, the prescribed preferential share is $350,000.
The exact calculation depends on the estate and the legislation in force
at the time of death. - If there is no spouse as defined for intestacy purposes, the estate
passes through a statutory order that can include descendants, parents,
siblings and more remote next of kin.
These rules can be especially surprising for common-law couples. The
definition of “spouse” used for Ontario intestacy generally refers to
married spouses, so a common-law partner does not automatically inherit
a share of the intestate estate merely because the couple lived
together. A common-law partner may have other possible property or
dependant-support claims, but those are fact-specific and can require
legal proceedings. A will is the clearer way to state the intended
gift.
Separation also requires care. Ontario law can remove an intestacy
entitlement for a married spouse when the statutory separation
conditions are met, but “we were separated” is not always a complete
legal analysis. Anyone who is separated, divorcing or living in a new
relationship should obtain advice and update the plan deliberately.
A will lets
you choose who administers the estate
An estate trustee locates assets, deals with debts and taxes,
communicates with beneficiaries, applies for an estate certificate if
one is required, and distributes the estate.
With a will, you can name a trusted first choice and an alternate.
Without a will, someone must apply to the court for authority. That
applicant may not be the person you would have chosen, and disagreement
about who should apply can add delay and expense at an already difficult
time.
Choose someone who is organized, reliable and willing to act.
Consider where the person lives, the complexity of the estate, possible
conflicts among beneficiaries and whether a professional estate trustee
may be appropriate.
Parents
can make an appointment for children, but it is not an absolute
guarantee
The common statement that a will lets parents “choose a guardian so
the court cannot decide” is too broad.
Ontario’s Children’s Law Reform Act permits a person with
decision-making responsibility for a child to appoint one or more people
by will to have decision-making responsibility after the appointor’s
death. It also permits a guardian of a child’s property to appoint a
successor guardian by will. However, the statute imposes important
conditions:
- the appointment is effective only in specified circumstances;
- the appointed person must consent;
- the appointment normally expires after 90 days, unless the appointee
applies within that period for a court order, in which case it continues
until the application is decided; and - the appointment does not prevent another person from applying or a
court from making an order.
When a court makes a parenting order, it must consider only the
child’s best interests, with primary consideration given to the child’s
physical, emotional and psychological safety, security and
well-being.
The practical value of naming someone is still significant: it
records the parent’s considered choice and provides an immediate plan,
subject to the law. Parents should speak with the proposed appointee,
name an alternate, and record any relevant care wishes separately
without trying to control every future parenting decision through the
will.
For a focused set of caregiving, trustee and lifetime-planning questions, see our Wills for New Parents in Ontario checklist.
A
will can protect an inheritance for a young beneficiary
Leaving money outright to a minor does not give the child a practical
plan for managing it. A properly drafted will can create a trust, select
a trustee, state when the beneficiary receives control, and authorize
appropriate payments for education, health and other needs.
The right age is not automatic. Eighteen may be legally adult, but it
may not be the age at which a particular beneficiary should receive a
significant inheritance outright. Some families choose later ages or
staged distributions. The plan should reflect the amount involved, the
beneficiary’s circumstances and the trustee’s responsibilities.
Families should obtain tailored advice where a beneficiary has a
disability, receives income-tested benefits, has creditor or family-law
concerns, or may need long-term support. A standard trust clause may not
be suitable.
What a will does not do
A useful estate plan is broader than a will.
A will does not
operate while you are alive
A will takes effect at death. It does not authorize anyone to manage
your finances or make personal-care decisions if illness or injury
leaves you incapable.
That is why an Ontario estate plan commonly includes a Continuing
Power of Attorney for Property and a Power of Attorney for Personal
Care. Without an attorney for property, even a spouse or other close
relative cannot automatically take over every financial decision.
A will may not control every
asset
Some property may pass outside the estate because of the way it is
owned or because a valid beneficiary designation applies. Examples can
include jointly owned property, life insurance and registered accounts.
Corporate interests, trusts, foreign property and beneficiary
designations can also require separate analysis.
Do not assume that wording in the will overrides every title or
designation. Review asset ownership and beneficiary designations as part
of the estate-planning process.
A will does not
automatically avoid probate
Having a will does not guarantee that an estate certificate will be
unnecessary. Whether one is required depends on the assets, how they are
held and what the institutions dealing with them require. The goal is a
workable plan, not a blanket promise that probate can always be
avoided.
When should you make or
update a will?
Make a will as soon as there are people, property or responsibilities
you want to protect. Review it after a major life change, including:
- marriage, separation, divorce or a new common-law relationship;
- the birth or adoption of a child;
- buying a home or acquiring a significant asset;
- starting, buying or selling a business;
- the death, incapacity or loss of contact with an estate trustee,
beneficiary or proposed appointee for a child; - a major change in family relationships;
- a move to or from Ontario; or
- a substantial change in debt, insurance or beneficiary
designations.
One important Ontario change is often misunderstood: marriage no
longer automatically revokes a will. That does not mean an old will will
produce the right result after marriage. It means you need to review and
revise the document deliberately instead of assuming the law has erased
it.
Divorce and qualifying separation can also affect gifts, appointments
and intestacy rights, but relying on automatic statutory rules is risky.
Update the documents so they clearly express the current plan.
Do you need a
lawyer to make a will in Ontario?
Ontario law does not require every person to use a lawyer to make a
will. But the real question is not whether a form can be completed. It
is whether the document is valid, accurately records the plan, works
with the person’s assets and family circumstances, and can be defended
if challenged.
Lawyer involvement is particularly valuable for:
- blended families or obligations to dependants;
- business or professional-corporation interests;
- beneficiaries with disabilities or long-term support needs;
- foreign property or family members in other jurisdictions;
- concerns about capacity, coercion or family conflict;
- significant tax or probate-planning questions; and
- any plan that departs from what family members may expect.
A lawyer can also document instructions, assess capacity and
undue-influence concerns, coordinate the will with Powers of Attorney
and beneficiary designations, and supervise proper execution.
What
should you prepare before an estate-planning meeting?
You do not need every detail figured out before speaking with a
lawyer. A useful starting list is:
- Your legal name, relationship status and immediate family
members. - A broad inventory of assets and debts, including how major assets
are owned. - Current life-insurance and registered-account beneficiary
designations. - Your preferred estate trustee and an alternate.
- Your preferred appointee and alternate for any minor children.
- The ages or stages at which young beneficiaries should receive an
inheritance. - Any prior will, Power of Attorney, marriage contract, separation
agreement or court order. - Any business, trust, foreign-property, disability or family-conflict
issue the lawyer should know about.
The purpose of the first conversation is to identify the decisions
that matter. It is not a test of whether you already know the law.
A three-question check for your own plan
Can you identify who would act after your death, who could act during your lifetime, and who would be the backup in each situation?
Next, name one asset for which you have not confirmed the ownership or beneficiary arrangements. Finally, identify one family circumstance that has changed since your documents were prepared.
Bring those three answers to the planning meeting. They are discussion prompts, not a test of legal validity and not a substitute for reviewing the documents themselves.
A
straightforward plan for couples in Mississauga
Mand Daley Law’s Family Protection Plan is designed for suitable,
straightforward estate planning for couples. For $1,500 plus
HST, it includes:
- two coordinated mirror wills;
- two Continuing Powers of Attorney for Property;
- two Powers of Attorney for Personal Care;
- two Affidavits of Execution;
- a lawyer consultation and individualized drafting;
- a secure planning questionnaire;
- document review by phone or Zoom;
- coordinated signing, with mobile service available where appropriate;
- a Will Guide; and
- a Power of Attorney Guide.
More complex planning, such as specialized trusts, business
interests, blended-family issues or a secondary will, is identified and
quoted separately before the clients decide how to proceed.
Learn
about the Family Protection Plan or Book a Free 15-Minute Consultation. Choose phone or Zoom.
You can also read more about wills and estate
planning in Mississauga and Powers of Attorney in
Ontario.
Technology supports our lawyers. It does not replace them.
This article provides general information about Ontario law and
is not legal advice. The law and its application can change, and the
appropriate plan depends on the facts. A lawyer-client relationship
begins only after Mand Daley Law confirms the engagement in writing and
the required retainer is completed.