Toronto Wills and Estate Law
Your Toronto Wills & Estates Law Guide
Whether it’s your first time planning a Will or you’re updating an old version, it’s important to have the right legal support. At Wise Law, an experienced Wills and Estates Lawyer in Toronto, we’re here to help you put a clear, thoughtful plan in place so your wishes are honoured and your family is protected.
This complete guide will walk you through:
- Why it’s important to have a Last Will
- What happens if you pass away without a Will
- Common misconceptions about Will planning
- Key benefits of working with an experienced wills lawyer in Toronto
Need personalized guidance? Contact Wise Law today or email us to speak directly with a lawyer for last will and testament services near you.
Why Do You Need a Last Will?
A Last Will is a legally binding document that outlines how your estate, assets, and responsibilities should be handled after your passing. With help from a Toronto Wills lawyer, a Will ensures your instructions are clear and enforceable—giving peace of mind to you and your loved ones.
A properly executed Last Will can:
- Designate who will manage your estate (your executor)
- Distribute property and assets to your beneficiaries
- Establish trusts for children or dependents
- Leave charitable donations
- Prevent confusion and conflict among family members
- Minimize probate delays and tax complications
As the Ontario Ministry of the Attorney General explains, a Will sets out your wishes and takes effect only after death. Without one, your estate will be distributed according to provincial intestacy laws, which may not reflect your wishes.
What Happens If You Die Without a Will (Intestacy)?
When someone dies without a valid Last Will, their estate is distributed based on Ontario’s Succession Law Reform Act. This process is called intestacy. It removes your ability to choose who receives what—and can leave your loved ones without proper support or clarity.
Here’s how it compares:
| Without a Will | With a Will |
| Your estate is divided using a government formula based on your legal spouse and children. | You control who inherits, how much, and under what conditions. |
| Specific assets may be sold or split up by court order. | You can assign properties or possessions with conditions, like life use or shared ownership. |
| Minor or disabled beneficiaries receive funds outright unless the court appoints a guardian. | You can create trusts to manage funds over time or preserve social assistance eligibility. |
| Your business assets are divided like other property. | You can create a succession plan, name business heirs, or reduce tax liabilities. |
| Loans or debts may be handled based on assumptions. | You can forgive debts or instruct your executor how to recover or distribute them. |
Even if you believe your estate is straightforward, intestacy can create unnecessary complications. A personalized Last Will ensures your wishes are respected—and helps protect those who rely on you.
Common Misconceptions About Wills
Many people delay creating a Last Will because of misconceptions. Let’s address a few of the most common:
- “If I don’t have a Will, the government takes my money.”
False. Ontario law provides a distribution system for your estate but it may not reflect your wishes. Only in rare cases with no next of kin does the government inherit. - “I can just use a Will kit online.”
DIY kits often fail to meet Ontario’s legal requirements or include vague or contradictory language. An improperly drafted Will may be challenged or invalidated in court. - “A Will needs to be complicated to be valid.”
In reality, clear, simple language is preferred. The goal is clarity—not legal jargon. - “A beneficiary can’t be the executor.”
Actually, this is quite common. Beneficiaries can also act as executors if they handle the role with impartiality and care.
If you’re unsure whether your current Will is valid, or if you’re ready to create one with proper legal protection, Wise Law’s estate planning lawyers are here to help.
Why It Matters to Work with a Local Lawyer for Your Last Will and Testament
A Last Will isn’t just about who gets what but about making sure your family is looked after, your wishes are clear, and the future feels less uncertain. At Wise Law, we help you put the right plans in place with care and experience.
- Personalized planning tailored to your life, family, and finances
- Legally sound documentation that holds up in court
- Insight into how marriage, divorce, blended families, and dependents may affect your Will
- A trusted advisor who can coordinate with your accountant or financial planner
- Ongoing support to revise your Will as your circumstances change
When searching for a lawyer for a last will and testament near you, it’s essential to choose a team with deep knowledge of Ontario law and a reputation for integrity and clarity. That’s where Wise Law comes in.
Call us at (416) 972-1800 or email us to book a consultation with a Toronto Wills & Estates lawyer today.
FAQs: Lawyer for Last Will and Testament Near Me
Do I really need a lawyer to create a Last Will?
While not legally required, working with a lawyer ensures your Will meets Ontario’s legal standards and avoids future disputes. DIY Wills often fail due to improper execution or vague instructions.
What happens if I die without a Will in Ontario?
Your estate will be distributed according to Ontario’s Succession Law Reform Act. That could mean unexpected distributions or delays, especially if you have a blended family or specific wishes.
Can I update my Will if my life changes?
Yes. We recommend reviewing your Will every 3–5 years or after major life events like marriage, divorce, the birth of a child, or significant asset changes.
How much does it cost to create a Last Will with a lawyer in Toronto?
Costs vary based on complexity. Wise Law offers competitive flat-rate pricing for standard Wills and custom quotes for more detailed estate plans.
Who should I choose as my executor?
Your executor should be someone you trust to carry out your wishes—often a spouse, adult child, or close friend. You may also name a lawyer or financial institution.
Can I include funeral instructions in my Will?
Yes, although urgent funeral decisions may be made before the Will is reviewed. It’s wise to communicate your wishes to your loved ones in advance as well.
What if I want to leave money to a charity?
You can absolutely include charitable gifts in your Will. A lawyer can help structure the donation for maximum tax efficiency.
Is a Will prepared in another province or country valid in Ontario?
It may be, but local legal advice is essential. Ontario has specific requirements for execution, witnessing, and probate that may not align with other jurisdictions.
Book Your Consultation Today
Secure your family’s future with a professionally drafted Will. Whether you need a simple Will or a complex estate plan, Wise Law is here to help.
Call (416) 972-1800 or email Wise Law to schedule your consultation with a trusted Toronto lawyer for last will and testament services.