Useful Information
Useful Information
Intestacy Entitlements (Ontario, Canada)
In Ontario, when a person dies intestate (without a valid Will), the distribution of their estate is governed by the Succession Law Reform Act. This legislation sets out who is entitled to inherit and in what proportions. Generally, a surviving spouse is entitled to a preferential share of the estate, with the remainder distributed among the deceased’s children (if any). If there is no spouse or children, the estate is distributed to the next closest relatives according to the rules set out in the Act.
Before Making Your Will
Before making your Will in Ontario, you should consider your assets and liabilities, who you wish to appoint as your executor (estate trustee), and who you want to benefit from your estate. You should also review beneficiary designations on assets such as life insurance policies and registered plans, consider guardianship arrangements for minor children, and be aware of potential tax implications. Obtaining legal advice can help ensure your Will complies with Ontario law and accurately reflects your wishes.
The Role of an Executor (Estate Trustee)
In Ontario, the executor-legally referred to as an “estate trustee”-is responsible for administering the estate. This includes arranging the funeral, locating the Will, applying for a Certificate of Appointment of Estate Trustee (probate) if required, identifying and valuing assets, paying debts and taxes, and distributing the remaining assets to the beneficiaries in accordance with the Will or, if there is no Will, under the Succession Law Reform Act.
Will Questionnaires
A Will questionnaire can help you gather the necessary information to prepare your Will in Ontario. This typically includes personal details, information about family members and dependants, a list of assets and liabilities, and your intended beneficiaries and executors. Completing a questionnaire in advance can streamline the Will-drafting process and help ensure that your estate plan reflects your intentions and complies with Ontario legislation.
