Ontario Wills and Estates Guide: Planning, Powers of Attorney and Probate

A will, powers of attorney and an estate administration plan address different needs. This guide answers common starting questions for Ontario residents planning ahead or dealing with a death in the family.

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What Happens If I Die Without a Will in Ontario?

Ontario law determines who inherits an estate when someone dies without a valid will. The result may differ from the person’s wishes. The law also determines who may apply to manage the estate; a family member does not simply choose the distribution. Source: Ontario’s wills guidance.

What Is the Difference Between a Will and a Power of Attorney?

A will takes effect on death and sets out instructions for the estate. A power of attorney authorizes a trusted person to make specified decisions during your lifetime. A will does not replace powers of attorney for property and personal care.

A property attorney can deal with financial affairs, while a personal care attorney can make certain care decisions when the legal conditions are met. The timing and scope of authority depend on the document and applicable law. Source: Ontario’s power-of-attorney guidance.

Can I Write My Own Will?

Ontario recognizes options such as will kits, online tools and handwritten wills, but a will must meet legal requirements to be effective. Mistakes can create uncertainty or disputes. Legal advice can be particularly useful where there are dependants, a blended family, business interests, property outside Ontario or concerns about capacity. Read Ontario’s guidance on preparing a will.

What Is Probate, and Is It Always Required?

Probate is a court process that can establish authority to act as estate trustee and confirm a will. It is not required for every estate. The assets, how they are owned, the institutions holding them and any dispute can affect whether a certificate is needed. Ask the relevant institution what documentation it requires before assuming that every asset needs probate. Source: Ontario’s probate guide.

How Much Is Estate Administration Tax in Ontario?

For estate-certificate applications made on or after January 1, 2020, no Estate Administration Tax is payable on the first $50,000 of estate value. Above that amount, the rate is $15 for each $1,000, or part of $1,000. Determining which assets are included is a separate step.

For example, an estate valued at exactly $250,000 for this tax would have $200,000 above the threshold, producing tax of $3,000. This illustration excludes legal fees and other expenses. Check the current rules and valuation requirements before applying. Source: Ontario’s tax guidance and calculator.

How Should I Choose an Estate Trustee?

Consider the person’s willingness, reliability, ability to deal with records and responsibilities, and relationship with potential beneficiaries. Discuss the role before naming someone. Location can matter: an estate trustee outside Ontario may face additional requirements. Source: Ontario’s estate planning guidance.

When Should I Review My Estate Plan?

Consider a review after a major change in your family, assets, wishes or the availability of the people named in your documents. Bring the existing will and powers of attorney to the appointment rather than making informal changes to signed documents. Tell your lawyer about any separation, marriage, death in the family or property outside Ontario.

What Should I Bring to an Estate Planning Appointment?

Prepare an overview of your assets and debts, ownership details, existing estate documents, intended beneficiaries and possible estate trustees and attorneys. Include business interests and beneficiary designations you want to discuss. Ask how to provide sensitive documents securely.

What If There Is Already an Estate Dispute?

A disagreement about a will or estate administration requires different work from drafting a new estate plan. Visit our estate litigation page to learn about consultations for estate disputes.

Plan Your Next Step With Woodstone Law

Request a free consultation or call 416-803-2196. Virtual meetings are available, with in-person meetings by appointment. Explore our wills and estate planning services.

General information, not advice for a particular estate. Read our disclaimers. Sources checked September 8, 2026.