Frequently Asked Questions

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.