Frequently Asked Questions

Wills & Estate Planning

  • Yes. A will allows you to decide who receives your assets, who will administer your estate, and who will care for minor children. Without a will, Ontario law determines how your estate is distributed, which may not reflect your wishes.

  • If someone dies without a will, their estate is distributed according to Ontario’s intestacy laws. The court will appoint someone to administer the estate, and assets are distributed according to a statutory formula.

    For example, if the deceased had a spouse and children, the spouse receives a preferential share of the estate and the remainder is shared with the children. If there is no spouse or children, other relatives may inherit.

    Having a will ensures your assets are distributed according to your wishes and can simplify the administration of your estate.

  • You should review your will every few years and after any major life events such as marriage, separation, divorce, having children or grandchildren, purchasing property, or starting a business.

  • While it is legally possible, homemade wills often create problems due to unclear wording or missed legal requirements. Working with a lawyer helps ensure your will is valid and your wishes are carried out properly.

  • Online will services can be a convenient and inexpensive option for people with very simple situations. However, they are not appropriate for many people.

    Many online services rely on standardized templates and questionnaires, which may not fully account for issues such as blended families, tax considerations, business ownership, or planning for beneficiaries with special needs.

    Errors in a will can create significant complications, including delays, increased legal costs, or outcomes that do not reflect your intentions.

    Working with a lawyer ensures your will is tailored to your circumstances, properly executed, and designed to minimize potential problems for your loved ones.

  • A typical estate plan includes:

    • A Will

    • A Power of Attorney for Property

    • A Power of Attorney for Personal Care

    In some situations, an estate plan may also include trust planning.

    A comprehensive estate plan should also consider how your assets are structured, including how title to real estate is held and whether registered accounts or insurance policies have appropriate designations. Ensuring these are coordinated with your will can help avoid unintended results and simplify the administration of your estate.

    At O’Hare Law, estate planning involves looking at the whole picture of your assets, family circumstances and goals, so that your plan works as intended.

  • Not necessarily.

    If someone dies with a valid will, their assets are distributed according to the terms of the will.

    If someone dies without a will, Ontario’s intestacy laws determine how the estate is distributed. While a surviving spouse is entitled to a preferential share of the estate, the remainder may be shared with the deceased’s children depending on the size of the estate.

    In addition, some assets, such as jointly owned property or accounts with named beneficiaries, may pass directly to the surviving owner or beneficiary outside of the will.

    Proper estate planning helps ensure your assets pass according to your wishes and can help avoid unintended results for your family.

Powers of Attorney

  • A Power of Attorney for Property allows someone you trust to manage your finances and property if you become unable to do so yourself.

  • A Power of Attorney for Personal Care allows someone you trust to make healthcare and personal decisions for you if you are unable to make them yourself.

    These decisions may include matters such as medical treatment, housing, nutrition, hygiene, and other aspects of your personal care.

    You can also include instructions or guidance for your attorney about how you would like certain situations handled. For example, you may wish to express a preference to remain in your own home as long as possible, or provide guidance regarding medical treatment or life-sustaining measures. Providing this guidance can help your attorney may decisions that reflect your wishes if you are unable to communicate them yourself.

  • No. Without a Power of Attorney for Property, no one automatically has legal authority to manage your finances - not even your spouse.

  • A family member may need to apply to court to become a guardian of property or personal care. This process can be time-consuming and expensive.

Estate Administration

  • Probate is the court process that confirms the validity of a will and the authority of the executor to administer the estate.

  • An executor is responsible for administering the estate. This includes gathering assets, paying debts and taxes, and distributing the estate according to the will.

  • Yes. Executors are generally entitled to compensation for their work unless the will states otherwise.

  • Most estates take between 6 and 18 months, depending on factors such as the complexity of the estate, whether real estate must be sold, and whether probate is required.

  • Probate fees in Ontario are called Estate Administration Tax.

    Currently the tax is:

    • $0 on the first $50,000 of estate value

    • $15 per $1,000 on the value above $50,000

    For example, an estate valued at $500,000 would generally pay approximately $6,750 in probate tax.

    Proper estate planning can sometimes help reduce probate exposure depending on your circumstances.

  • No. An executor’s role is to carry out the instructions in the will, not change them.

    However, executors do have certain responsibilities and discretion when administering the estate, such as selling assets, paying debts, and managing the estate during the administration process.

    If there are disputes about how an executor is acting, beneficiaries may seek guidance or relief from the court.

Working with O’Hare Law

  • Estate planning fees depend on the complexity of your situation, but typical starting fees are:

    Individuals:

    • Starting at $900 + HST for a Will

    • Starting at $1,200 + HST for a complete estate planning package including a Will and Powers of Attorney

    Couples:

    • Starting at $1,500 + HST for mirror Wills

    • Starting at $1,950 + HST for a complete estate planning package for couples, including Wills and Powers of Attorney

    More complex planning, such as trust provisions, tax planning, or business-related estate planning, may involve additional fees.

    Clear pricing will always be discussed before work begins, so you know what to expect.

  • Yes. I offer virtual meetings as well as in-person appointments. Home visits may also be available in certain circumstances.

  • You can contact me to schedule a consultation or book directly using this link.

    During our initial meeting we will discuss your situation, your goals, and the documents that best suit your needs.

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