FAQs on Wills, Estates & Probate in Ontario

How much does a Will cost in Ontario?

At Shaikh Law Firm, a lawyer-drafted Single Will is $540 + HST and Mirror Wills for a couple are $900 + HST. Our standard fixed-fee packages include routine document preparation and law-office disbursements, so only HST is additional.

For clients who also require Powers of Attorney, our Individual Complete Plan is $999 + HST and our Couple Complete Plan is $1,449 + HST.

What is included in a complete estate-planning package?

Our Individual Complete Plan includes one Will, one Continuing Power of Attorney for Property and one Power of Attorney for Personal Care.

Our Couple Complete Plan includes two coordinated Wills and four Powers of Attorney — a Property and Personal Care Power of Attorney for each person.

The packages also include lawyer review, preparation of drafts, reasonable revisions based on the original instructions, and signing guidance.

Do I need a lawyer to prepare a Will in Ontario?

Ontario does not require every Will to be prepared by a lawyer. However, legal advice can be particularly important where there are children, multiple beneficiaries, business interests, significant assets, trusts, blended-family circumstances or potential tax issues. Ontario itself recommends considering legal advice when preparing a Will.

What is the difference between a Will and a Power of Attorney?

A Will deals primarily with your estate after death. A Power of Attorney operates during your lifetime.

Ontario recognizes a Continuing Power of Attorney for Property, which can authorize someone to deal with financial and property matters, and a Power of Attorney for Personal Care, which can address personal-care decisions in appropriate circumstances.

What happens if I die without a Will in Ontario?

If you die without a valid Will, you are considered to have died intestate. Your estate is then distributed according to Ontario’s intestacy legislation rather than according to instructions you might otherwise have included in a Will.

The applicable distribution depends on circumstances such as whether you leave a legally married spouse, children or other relatives.

What is probate in Ontario?

Probate is the court process through which an Estate Certificate may be issued confirming the authority of an estate trustee to administer an estate. Whether probate is required depends on the assets, institutions involved and circumstances of the particular estate.

How much is probate tax in Ontario?

Ontario calls the probate tax the Estate Administration Tax.

For an estate valued at $50,000 or less, no Estate Administration Tax is payable. For estates valued above $50,000, the tax is calculated at $15 for every $1,000, or part thereof, of estate value above $50,000.

Legal fees for preparing a probate application are separate from the Estate Administration Tax.

How long does probate take in Ontario?

Ontario currently states that probate applications are typically processed within approximately 15 business days, but an application can take longer where documents are missing, information is incomplete, further material is required, or other issues arise.

The overall administration of an estate generally takes longer than obtaining the Estate Certificate because the estate trustee may still need to deal with assets, liabilities, taxes and distributions.

When should I update my Will?

It is prudent to review your Will after significant changes in your personal, family or financial circumstances, including marriage or separation, the birth of children, acquiring substantial assets, changes in business ownership, or changes to your intended beneficiaries or estate trustee.

Depending on the nature of the changes, a new Will may be preferable to amending an existing Will.

Can a Will be contested in Ontario?

Yes. Estate litigation may involve issues such as testamentary capacity, undue influence, improper execution, interpretation of the Will or other claims against the estate.

Contested estates are different from routine estate planning and uncontested probate applications and should be assessed based on the particular facts.

Do business owners need different estate planning?

Often, yes. Business owners may require planning beyond a standard Will, particularly where they own shares of a private corporation or have significant business assets.

Depending on the circumstances, planning may include primary and secondary Wills, business succession planning, trusts, tax planning and coordination with accountants or financial advisors. Ontario also recognizes that trusts may form part of an estate plan and recommends professional advice where tax or other planning considerations arise.

Shaikh Law Firm offers Advanced Estate Planning starting from $2,700 + HST, with fees determined by the complexity and scope of the required planning.