Will
A Will ensures your wishes are followed, your loved ones are protected, and your estate is handled efficiently.
A Will is one of the most important legal documents you can make. It sets out how your property will be distributed after your death, who will administer your estate, and who will care for your minor children. Without a valid Will, Ontario’s intestacy laws decide what happens to your estate — often in ways that may not reflect your wishes.
At GC Legal Support, we help clients prepare clear, legally enforceable Wills that provide peace of mind, protect loved ones, and avoid unnecessary conflict or delay.
Succession Law Reform Act (SLRA)
To be valid, a Will must generally:
- Be in writing (typed or handwritten).
- Be signed by the testator (the person making the Will).
- Be witnessed by two people who are not beneficiaries.
Ontario also recognizes:
- Holograph Wills – handwritten and signed by the testator, no witnesses required.
- International Wills – recognized under the Convention Providing a Uniform Law on the Form of an International Will, for those with assets abroad.
What a Will Can Cover
- Appointment of an Executor/Estate Trustee – the person responsible for administering your estate.
- Distribution of Property – how your assets (home, investments, personal belongings) will be divided.
- Guardianship of Minor Children – naming who will care for your children if you pass away before they are adults.
- Trust Provisions – setting aside funds for children, dependants, or disabled family members.
- Charitable Gifts – leaving part of your estate to causes that matter to you.
- Funeral and Burial Wishes – though not legally binding, including them can guide your family.
What Happens Without a Will?
- Your estate is divided according to Ontario’s intestacy rules.
- A spouse may inherit the first $350,000 of your estate and share the rest with children.
- If you have no spouse or children, your estate may pass to parents, siblings, or distant relatives.
- You have no control over guardianship of minor children.
- The court may appoint an estate trustee — not necessarily the person you would have chosen.
Practical, tailored planning
Frequently Asked Questions
1. Do I really need a lawyer to make a Will?
While it’s possible to make a handwritten or online Will, a lawyer ensures your Will is valid, enforceable, and tax-efficient. DIY Wills often lead to disputes.
2. Can I change my Will later?
Yes. You can make a new Will or a codicil (an amendment). Major life changes should always prompt a Will review.
3. Does marriage or divorce affect my Will?
Yes. As of January 1, 2022, marriage does not revoke a Will in Ontario. Divorce or separation may change how gifts to a former spouse are treated.
4. Can I exclude family members from my Will?
Generally yes, but you cannot exclude dependants (minor children, dependent spouses, or disabled dependants). Courts may order support despite your Will.
5. Where should I keep my Will?
Keep it in a safe place (lawyer’s office, safety deposit box, or with your executor). Do not keep it in a place where it may be lost or destroyed.
6. What is probate?
Probate is a court process confirming that your Will is valid and authorizing your executor to act. Not all estates require probate, but many do.
Plan with Confidence
A properly prepared Will is one of the most important gifts you can leave your loved ones. At GC Legal Support, we ensure your Will reflects your wishes, complies with Ontario law, and protects your family.