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  • Writer's pictureNaresh Misir

Navigate Wills in Ontario with Misir & Company



From complexity to clarity—your trusted guide in crafting legally sound wills across Ontario, ensuring peace of mind for your future. 


Navigating the world of wills and estate planning in Ontario can feel like traversing a complex maze. Whether you're drafting your first will or revisiting an existing one, understanding the legal landscape is crucial. At Misir and Company, we're here to light the way, offering clarity and guidance on this essential journey.

The Essentials of Wills in Ontario

What is a Will?


A will is more than just a legal document; it's a final expression of your wishes regarding the distribution of your assets and the care of any minor children. In Ontario, the significance of having a will cannot be overstated—it ensures your estate is handled according to your desires, not the default laws of the province.

The Legal Requirements for a Will in Ontario


For a will to be tenable in Ontario, it must adhere to specific legal criteria. Primarily, it must be written by someone of sound mind, over the age of 18, and signed in the presence of two witnesses who are not beneficiaries or the spouse of a beneficiary. These formalities are pivotal to the document's validity.


Common Questions about Wills in Ontario

Our clients often come to us with a host of questions. Let's address some of the most frequent ones:

Do You Need a Lawyer to Make a Will in Ontario?


While the law does not mandate the involvement of a lawyer in drafting your will, there are undeniable advantages to professional legal advice. Complex estates, or those with specific wishes for asset distribution, can benefit significantly from a lawyer's experience. It's about ensuring your will is both comprehensive and clear, minimizing potential disputes down the line.

Who Keeps the Original Will?


It's a common practice for some lawyers to store original wills and powers of attorney as a courtesy. However, this is not a requirement. We at Misir and Company let our clients store their original will. Whether retained by your legal advisor or securely kept by you, the primary concern is that your will is accessible when needed, yet safe from loss or damage.

Do All Wills Go to Probate in Ontario?


Probate, or the legal process of validating a will, is not always necessary. The nature of the deceased's assets typically dictates this need. Estates with real property or significant holdings in financial institutions often require probate to transfer ownership effectively.

Are Will Kits Legal in Ontario?


Yes, will kits are legal. Their validity, however, hinges on adhering to the signing and witnessing requirements laid out by Ontario law. While these kits can be a cost-effective solution for some, they may not suit every situation, especially more complex estates.


Writing and Executing a Will in Ontario

How to Write a Will?


Crafting a will begins with careful consideration of your assets, debts, and how you wish to distribute your estate. Will kits can guide those with straightforward estates, but for anything more complicated, or if you have specific wishes, seeking legal advice is prudent. It's not just about drafting the document but ensuring it reflects your intentions accurately and is legally binding.

Costs Associated with Making a Will


The cost of drafting a will in Ontario can vary depending on the complexity of your estate and the lawyer's fees. Remember, this is an investment in your family's future peace of mind.

After the Will: Probate and Beyond

Understanding Probate in Ontario


The probate process confirms the will's validity and the executor's authority to distribute the estate. While it adds a layer of credibility, it's not always a necessity. Understanding when probate is required—and planning accordingly—can save your beneficiaries time and expense.

Accessing and Searching for Wills


Should you need to find a will, start close to home before reaching out to the Estates Department at the Superior Court of Justice. If probate has been filed, the will becomes public record, searchable at the courthouse.

Additional Resources

Government Resources and Will Kits


For those considering a DIY approach, the Government of Canada offers resources and will kits. These can be a starting point, but we recommend consulting with a legal professional to ensure all your bases are covered.


Seeking Legal Advice


Every estate is unique, making personalized legal advice invaluable. At Misir and Company, we're committed to guiding you through the intricacies of wills and estate planning, ensuring your wishes are clearly articulated and legally sound.

Conclusion

Drafting a will is a profound act of care for your loved ones, offering them guidance and security when they'll need it most. While the process can seem daunting, it's an opportunity to ensure your legacy is preserved exactly as you wish.

Crafting Your Legacy: Wills Advice in Ontario

Are you ready to take the next step in securing your legacy? Contact Misir and Company for legal advice on wills in Ontario. Together, we can create a plan that reflects your wishes, protects your loved ones, and gives you peace of mind for the future.

Drafting your will in Ontario? Contact 416-856-6274 for professional guidance on creating your will and securing your estate with Misir & Company.

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