Wills & Estates in Canada

Do I need a lawyer to make a valid will?

Legally, no — a properly signed and witnessed will is valid, and Ontario, Alberta, Quebec and others even accept fully handwritten (holograph) wills with no witnesses at all. Practically, the cheap will is where the expensive litigation comes from: home-made wills fail on witnessing rules (a beneficiary witnessing typically voids their own gift), botched asset descriptions, forgotten dependants, and second-marriage blind spots. If your affairs involve a blended family, a business, foreign assets or an estranged child, drafting advice is the cheapest insurance you will ever buy.

What happens if someone dies without a will?

The province's intestacy formula takes over, and it is rigid. Typical shape: all to the surviving spouse if there are no children; with children, the spouse takes a preferential share (Ontario: the first $350,000) and the rest splits between spouse and children. The traps: in Ontario an unmarried (common-law) partner inherits nothing automatically under intestacy — while BC treats a 2-year partner as a spouse — and minor children's shares are held, not handed to the surviving parent. Someone must also apply to be appointed administrator before anything moves.

What is probate and how much does it cost?

Probate is the court's confirmation that the will is the last valid one and the executor is authorised — banks and land registries commonly refuse to act without it. The cost is a provincial tax on estate value: Ontario charges 1.5% above a $50,000 exemption (a $500,000 estate pays $6,750), with a simplified process for estates up to $150,000; BC charges 0.6% then 1.4% above $50,000 plus a $200 fee; Quebec's notarial wills skip probate altogether. Planning tools — joint ownership, beneficiary designations, in Ontario multiple wills for private-company shares — can lawfully shrink the taxable estate, with real trade-offs worth advice.

Is there an inheritance tax in Canada?

No — no Canadian jurisdiction taxes beneficiaries on inheritances. The tax arrives differently: at death the deceased is deemed to have sold their capital property at fair market value, and the final (terminal) tax return pays capital gains on the accrued growth — with the spousal rollover deferring it when assets pass to a surviving spouse, and the principal-residence exemption sheltering the family home. RRSPs and RRIFs collapse into income on the final return unless rolled to a spouse or qualifying beneficiary. Probate tax, where it applies, sits on top. Executors should not distribute before the CRA clearance certificate.

I've been named executor. What am I actually supposed to do?

You are the estate's trustee, personally accountable: locate the will, arrange the funeral, secure and inventory assets, notify institutions, apply for probate where needed, advertise for creditors, pay debts, file the terminal tax return and any estate returns, obtain the CRA clearance certificate, keep accounts the beneficiaries can inspect — then distribute. The order matters: distribute early and a dependant's claim, a variation claim (BC's 180-day window) or a tax bill can come out of your own pocket. Executors can renounce before starting, retain professionals from estate funds, and claim compensation.

Can I challenge a will that left me out?

Two different questions. Attack the will's validity — incapacity, undue influence, formal defects — and, if it falls, an earlier will or intestacy governs. Or accept the will and claim against it: every province lets dependants the deceased was supporting (spouses, minor and dependent children) seek proper support — in Ontario, generally within 6 months of probate. BC is the outlier that goes further: a spouse or child, including an independent adult child, can seek variation of a will that fails to make adequate, just and equitable provision — filed within 180 days of the grant. The windows are short and strict; treat them as the emergency.

What about powers of attorney and planning for incapacity?

The documents that matter while you're alive: a continuing power of attorney for property (someone to manage finances) and, depending on province, a power of attorney for personal care, representation agreement (BC) or protection mandate (Quebec) for health and care decisions. Without them, your family faces a court guardianship or provincial-trustee process at the worst time. They must be made while you have capacity — after a dementia diagnosis progresses, it is too late — which is why every will appointment should produce all three documents, not one.

Is this legal advice? Are you a law firm?

No. Legal Hotline is not a law firm. The free line gives clear, general legal information about Canadian wills and estates law — not legal advice on your specific situation — and calling creates no lawyer-client relationship. When you want drafting, probate help or advice on a claim, we connect you with a Canadian wills and estates lawyer for a one-hour consultation at a flat C$295 — the total, nothing added — bookable on the call, with the price confirmed before you pay anything.