Simple Wills in Ontario

A properly prepared Will allows you to choose who will manage your estate and identify who should receive your property after your death.  

Nobari Law Professional Corporation prepares clear and personalized Wills based on each client’s circumstances, assets, family relationships, and estate-planning goals.

“Simple Will” is commonly used to describe a Will prepared for a relatively straightforward estate plan. It is not a separate legal category of Will.

A simple Will may be suitable where a person wants to:

• appoint an estate trustee, commonly known as an executor;
• name the individuals or organizations who will inherit;
• leave specific gifts of money or personal property;
• distribute the remainder of the estate;
• provide instructions for a beneficiary’s inheritance to be held until a selected age;
• address the care of minor children; and
• name alternate estate trustees and beneficiaries in case the first choices cannot act or inherit.

The appropriate terms will depend on the person’s family circumstances, assets, and wishes.

A Will allows you to decide who should manage and receive your estate.

If a person dies without a valid Will, Ontario’s intestacy laws determine who inherits. An eligible person may also need to apply to the Court to be appointed as estate trustee because the deceased did not name an executor.

A Will can provide clearer instructions about:

• who should administer the estate;
• who should receive the estate;
• what should happen if a beneficiary dies before you; and
• how an inheritance for a young beneficiary should be managed.

Learn more about who inherits without a Will in Ontario.

Your estate trustee is responsible for carrying out the instructions in your Will and administering your estate.

Depending on the circumstances, the estate trustee may need to:

• identify and protect estate assets;
• determine whether probate is required;
• address estate debts, expenses, and tax matters;
• communicate with beneficiaries and maintain estate records;
• sell or transfer estate property; and
• distribute the estate according to the Will.

You may name one or more estate trustees and should also consider naming an alternate in case your first choice is unable or unwilling to act.

Your Will can identify the people or organizations you wish to benefit from your estate.

Depending on your wishes, your Will may include:

• gifts of money;
• gifts of personal belongings;
• gifts to charities;
• a share of the remaining estate to one or more beneficiaries; and
• alternate beneficiaries if someone dies before you.

Beneficiary designations on life insurance policies, registered plans, and certain other assets should be reviewed separately because those assets may not necessarily be distributed through the Will.

A Will can record your wishes concerning who should care for minor children if no parent is available to do so. Any guardianship arrangement remains subject to Ontario law and the best interests of the child.

A Will can also provide that an inheritance for a young beneficiary will be held and managed until the beneficiary reaches a selected age.

Special rules apply when a person under 18 inherits money or property. The Office of the Children’s Lawyer may become involved in estate or trust matters affecting a minor.

A simple Will may not address every estate-planning situation.

Additional planning may be appropriate where:

• you have children from a previous relationship;
• you wish to balance the interests of a spouse and children;
• a beneficiary has a disability or receives income-tested government benefits;
• you own shares in a private corporation;
• you own assets outside Ontario or Canada;
• you wish to establish a more detailed trust;
• you have significant business, tax, or succession-planning concerns; or
• your family or financial circumstances are more complex.

Nobari Law can review your circumstances and discuss which type of Will may be appropriate.

No. A simple Will generally refers to an individual Will for a straightforward estate plan.

Mirror Wills are separate Wills prepared for two people, often spouses or partners, who wish to include similar or corresponding terms. Each person signs and maintains their own Will.

Not necessarily.

Whether probate is required depends on the nature and ownership of the estate assets and the requirements of the institutions or other parties dealing with those assets.

A Will names the estate trustee and records how the estate should be distributed, but an estate certificate may still be required before the estate trustee can deal with certain assets.

Learn more about probate with a Will in Ontario.

Ontario law contains specific requirements for signing and witnessing a Will. A formal Will generally requires the person making the Will to sign or acknowledge their signature in the presence of two witnesses who are present at the same time. The witnesses must also sign in the presence of the person making the Will. Remote witnessing is permitted when the applicable legal requirements are satisfied.

The selection of witnesses is important. A beneficiary, or the spouse of a beneficiary, should generally not act as a witness because doing so may affect the gift made to that beneficiary.

Nobari Law will provide instructions for properly reviewing, signing, and witnessing the Will.

A Will should be reviewed periodically and after significant changes in personal, family, or financial circumstances.

Examples may include:

• marriage or separation;
• the birth or adoption of a child;
• the death of an estate trustee or beneficiary;
• a significant change in assets;
• the purchase or sale of a business;
• a move to another province or country; or
• a change in your estate-planning wishes.

A Will should not be written on, marked, or altered informally. Changes should be made through a properly prepared new Will or codicil, where appropriate.

Nobari Law Professional Corporation provides personalized assistance with preparing Wills in Ontario.

Our services may include:

• discussing your family circumstances and estate-planning goals;
• reviewing your assets and existing estate-planning documents;
• discussing beneficiaries, gifts, and alternate distributions;
• preparing provisions for young beneficiaries;
• preparing a personalized Will;
• providing signing and witnessing instructions; 
• discussing your choice of estate trustee and alternate estate trustee; and
• discussing whether additional estate-planning documents may be appropriate.

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Nobari Law Professional Corporation offers clear and upfront pricing for straightforward Will preparation.

Preparing a Will can provide clear instructions for your estate and help your family understand your wishes.

Contact Nobari Law Professional Corporation to discuss preparing or updating a simple Will in Ontario.