When planning a will or any other estate document, it is important to understand the laws that govern estates in Ontario. Estate planning laws in Ontario can be complex and time consuming to learn. It is recommended that individuals consult a lawyer to gain a thorough understanding of the estate laws in Ontario. 

 

In Ontario, the Law of Succession Act governs the law related to wills, estates and probate. This law outlines the rights of individuals when it comes to inheritance, whether or not they are the deceased’s lawful spouse or child. It also establishes laws for distributing assets after the death of an individual. The act also requires that all wills must be written in writing, signed and witnessed by two persons. Additionally, this act outlines requirements when it comes to making a will valid and enforceable. 

 

In addition to the Law of Succession Act, the Estate Administers Act of Ontario addresses the rights of creditors, how claims can be resolved, and the powers of trustees. This act outlines the process of administering an estate and ensures that creditors are compensated properly during the estate’ administration process. Moreover, it outlines how taxes on an estate are determined. 

 

Furthermore, the Trustee Act of Ontario provides details on how trusts can be administered, including the duties and responsibilities of trustees. This provides valuable guidance on dealing with certain circumstances such as incapacity and under-age beneficiaries. 

 

Finally, the Courts of Justice Act of Ontario outlines the jurisdiction of the Ontario courts regarding estate proceedings. This legislation details which court should handle various steps in the process of administering an estate, such as receiving applications for certificates of appointment of estate trustee. 

 

Understanding estate laws in Ontario can be a daunting task, but a crucial one if individuals wish to ensure their wealth is distributed according to their wishes. By consulting with a qualified lawyer, individuals can have peace of mind knowing that the estate laws of Ontario are properly followed.

​

Need help with Will writing or Estate Planning? Contact us. We can help.