Wills and Estates Lawyer in Brampton

What a will costs depends on how much planning goes with it. A straightforward will for one person, or mirror wills for a couple with a simple estate, is defined work and can be quoted as a flat fee. Cost rises when the estate needs more — a blended family, a beneficiary with a disability, a business, or property outside Ontario. Most people also want powers of attorney for property, financial and personal care prepared at the same time, which is usually quoted together. We give you the fee in writing before any drafting begins.

A will takes effect after death and explains how your estate should be handled. A power of attorney applies during your lifetime and allows someone you trust to make property or personal care decisions if needed.

Confirm the lawyer is licensed by the Law Society of Ontario — you can check anyone in the Law Society Directory. Ask whether they prepare powers of attorney alongside the will, what happens if you need to update it later, and whether they store the original or you do. Ask for the fee in writing before you start. If you would like to discuss your situation, you can reach our office at (647) 460-9143.

Ontario’s intestacy rules decide who inherits, and they may not match what the person would have wanted. A married spouse and children inherit in fixed shares set by statute. A common-law partner does not automatically inherit at all, no matter how long the couple lived together. Someone also has to apply to the court to be appointed estate trustee, which adds delay and cost.

You should consider updating your will after major life changes such as marriage, separation, divorce, the birth of a child, the purchase of property, a change in assets, or a change in who you want to name as executor or beneficiary.

No, not anymore. Until 1 January 2022, getting married automatically revoked an existing will in Ontario. That rule was repealed, so a will made before marriage now survives it. Many older articles online still say otherwise. It is still worth reviewing your will when you marry, because it may no longer reflect what you want.

Probate is formally an Application for a Certificate of Appointment of Estate Trustee. It is a court process confirming who has authority to deal with the estate. The estate trustee files the original will, proof of death, and court forms listing the assets and beneficiaries, and pays Estate Administration Tax on the value of the estate.

There is no Estate Administration Tax on the first $50,000 of an estate. Above that, it is charged at $15 for every $1,000 of estate value, or part of $1,000. So an estate worth $500,000 pays approximately $6,750. Legal fees for handling the application are separate.

The court typically processes an application within about 15 business days once it is filed and complete. Getting to that point usually takes longer — locating the original will, obtaining proof of death, valuing the assets, and preparing the forms. Incomplete applications are the most common cause of delay. Settling the estate afterwards takes longer again.

A Small Estate Certificate is a simplified probate process for estates valued at up to $150,000. It uses shorter forms and is faster than a full application. If the estate is worth more than that, the regular Certificate of Appointment of Estate Trustee process applies.

An estate trustee, often called an executor, locates the will and the assets, notifies beneficiaries, applies for probate if it is needed, pays debts and taxes including the deceased’s final tax return, and then distributes what remains according to the will. It is a legal responsibility, not just an honour — an estate trustee can be held personally liable for getting it wrong.

Yes. We assist with estate disputes involving wills, executors, beneficiaries, estate administration concerns, and related litigation issues. We review the documents and explain available options based on the specific facts.

We can come to you. For clients who are unwell, have mobility difficulties, or are facing an urgent deadline, we attend at home, in hospital, or at a long-term care residence to complete the signing and witnessing properly. There is an additional fee for travel, quoted before we attend.

Yes. Our Brampton wills and estates law firm assists clients across the GTA and nearby communities, including Mississauga, Vaughan, Toronto, Oakville, Hamilton, St. Catharines, and the Niagara region.