Ontario Estate Planning and Probate
Estate planning puts the right instructions and decision makers in place during your lifetime. Probate gives an executor the court authority they may need after a death. Amer Ali Law provides clear guidance at both stages, from preparing and signing your documents to managing an Ontario probate application.
What We Do
A focused process that gives you time to provide your instructions, speak with the lawyer, review the drafting properly and sign your documents with the formalities Ontario law requires.
Estate Planning
Worth Knowing
These are the points that change what your documents should say.
Jointly held property can pass by survivorship, while registered accounts and insurance may pass by beneficiary designation. Both can operate outside the will, so planning only the will can produce a result that differs from your intention.
A power of attorney for property and a power of attorney for personal care allow trusted people to act if you become incapable. Without them, your family may need a court appointment when time and certainty matter most.
The planning meetings and drafting are handled remotely, but wills and powers of attorney are signed at our Orleans office in Ottawa. We supervise the signing so the formal requirements are completed correctly.
If you want your estate distributed according to Islamic inheritance principles, those intentions can be incorporated into a properly drafted Ontario will.
Definitions
Select a term to understand what it means, when it is used and the practical point most people should know before proceeding.
Selected Definition
A will prepared for one person that appoints an executor, identifies beneficiaries and gives instructions for administering that person’s estate after death.
What It Can Address
Distribution of estate assets, executor appointments, guardianship wishes for minor children and trusts or other instructions suited to the client’s circumstances.
Worth Knowing
An individual will is tailored to one person’s instructions. It should coordinate with how assets are owned, any beneficiary designations and the person’s broader estate plan.
Selected Definition
Two separate wills, commonly prepared for spouses, that use corresponding terms, such as leaving each estate to the surviving spouse and then to the same beneficiaries.
Why Couples Use Them
They can create a consistent estate plan while still giving each spouse a legally separate will.
Worth Knowing
Mirror wills are not one joint document. Each person signs their own will and may generally change it independently while legally capable.
Selected Definition
A document that authorizes one or more trusted people to manage financial and property matters during your lifetime, subject to the authority and restrictions written into the document.
What It May Cover
Banking, bills, investments, taxes, contracts and real estate. A properly drafted continuing power of attorney can remain effective if you later become incapable.
Worth Knowing
This authority ends at death. The executor named in the will, rather than the attorney for property, then becomes responsible for the estate.
Selected Definition
A document naming one or more people to make personal care decisions if you become incapable of making the relevant decision yourself.
What It May Cover
Health care, housing, nutrition, hygiene, clothing and safety, together with any wishes or instructions you choose to include.
Worth Knowing
It does not give authority over finances or property. Those matters are addressed through a separate power of attorney for property.
Selected Definition
The court process used to confirm a will and formally recognize the person authorized to administer the estate. In Ontario, the resulting document is generally called a Certificate of Appointment of Estate Trustee.
When It May Be Required
A bank, investment firm, land registry transaction or another third party may require court confirmation before accepting the executor’s authority.
Worth Knowing
Not every estate requires probate. The answer depends on the assets, ownership structure and requirements of the institutions holding them.
Selected Definition
The informal name for Ontario’s Estate Administration Tax. When probate is required, the tax is generally calculated using the value of estate assets included in the application.
Current Ontario Rate
No Estate Administration Tax is payable on the first $50,000. Above that amount, the tax is $15 for every $1,000, or part of $1,000, of estate value.
Worth Knowing
The probate value is not necessarily the value of everything the deceased owned. Ownership, beneficiary designations, asset location and applicable deductions all matter.
Ontario Probate Applications
We organize the application, notices, supporting documents and court correspondence so the executor can move the estate forward with confidence.
We review the original will, death certificate, asset information and executor details, then identify the appropriate probate application and filing court.
We prepare the required notice to beneficiaries and other entitled persons, coordinate electronic signing through DocuSign and observe the applicable notice period before filing.
We prepare the Application for a Certificate of Appointment of Estate Trustee with a Will and the supporting court forms required for the estate.
We help identify the assets included in the probate value and calculate the Estate Administration Tax payable when the application is filed.
We assemble and submit the original will and required materials to the Ontario Superior Court of Justice using the applicable filing process.
We manage court correspondence, respond to routine requests for clarification or correction and keep the executor informed while the application is under review.
Where appropriate, we arrange publication of a Notice to Creditors, notarize documents required for filing and help the executor address creditor communications during administration.
We explain the executor’s legal duties, immediate next steps and important obligations after the certificate is issued so the estate can be administered in an orderly manner.
Where one is required, an Estate Information Return must be filed with Ontario’s Ministry of Finance within 180 calendar days after the estate certificate is issued. It is generally required even where no Estate Administration Tax is payable, although specified certificate types are exempt. We advise the executor of the obligation and the deadline. Preparing and filing the return is a separate service and is not included unless your retainer says so.
When a Certificate May Be Needed
Probate is not simply “reading the will.” It is the court process used to confirm the executor’s authority when an institution, asset or transaction requires that confirmation.
Common Questions
Review your documents after a significant change involving your family, assets or chosen decision makers. Common examples include a marriage, separation, birth, death, move to Ontario, major property purchase, business transaction or a change in the person you want to appoint as executor or attorney.
Yes. A will is not only about the size of your estate. It appoints the person responsible for administering your affairs, identifies who should receive your property and can address guardianship wishes for minor children. Without a will, Ontario law determines who can administer your estate and how your assets are distributed, which may not reflect your intentions.
Get Started
Tell us whether you need a will and powers of attorney or assistance with an Ontario probate application. We will explain the information required and the next step.
