Estates & Probate

Being named as an executor (now called an "estate trustee" in Ontario) is an honour that reflects someone's trust in you. But when that person passes away, you may feel overwhelmed about where to start.This checklist walks you through the immediate priorities in the days and weeks following a death, helping you navigate this difficult time with clarity and confidence.

‍If you've been asked to administer an estate where the deceased died without a valid will, you face a more complicated process than handling an estate with a will. This guide explains what you need to know.

One of the most confusing aspects of estate administration is understanding which assets actually form part of the estate requiring probate, and which pass directly to beneficiaries outside the estate process.

If you've been named as an estate trustee in someone's will, you're probably wondering: do I actually need to go through probate? The answer isn't always straightforward, and understanding when you need a Certificate of Appointment of Estate Trustee can save you both time and money.

To challenge a will, you need to file a lawsuit in the Superior Court of Justice for Ontario. This court handles matters related to the administration of estates. The specific legal steps for challenging a will vary depending circumstances of the case.

An estate executor has many duties. In Ontario, several words describe this role, including Executrix, or Estate Trustee. Simply put: the executor carries out the wishes of the deceased and winds up the estate according to the will and any applicable laws.

The word “intestate” means a situation where someone has died without a will. In Ontario, Part II of the Succession Law Reform Act determines the distribution of your assets and sets out the laws of intestacy.

“Letters of Probate” means a legal document issued by a court that proves the validity of a will. it also appoints an executor (often a person named in the will). The Government of Ontario now calls Letters of Probate a “Certificate of Appointment of Estate Trustee (with a will).” The two terms mean the same thing. The Government simply changed the name of “letters of probate” to do away with the Latin term “probate” (which means to “test or prove”).

So you have decided to write a will. This is an important step in planning for the future. A well drafted will takes care of loved ones long after you pass away. However, many people make the mistake of attempting to draft their own will without the guidance of a lawyer. This can lead to a number of problems, and ultimately, can cause more harm than good. Below are some of the reasons why you should hire a lawyer to draft your will.