Wills & Estates
Thoughtful Wills and Estate Planning for Ontario Families
Planning for the future is one of the most meaningful steps you can take for the people who depend on you. At Dima Alkrzoun, Barrister, Solicitor & Notary, we help individuals and families throughout Ontario prepare clear, legally sound Wills, Powers of Attorney, and estate plans that reflect their wishes. We also guide executors and families through probate, estate administration, and, when necessary, estate disputes. Our approach is practical and personal: we take the time to understand your family and financial circumstances so that your plan works when it is needed most.
Our Wills & Estates Services
Wills
A properly drafted Will is the foundation of any estate plan. We prepare Wills that clearly set out your wishes and help reduce the risk of confusion or conflict after you are gone. Our services include:
- Will Drafting: Preparing a new Last Will and Testament tailored to your assets, family situation, and wishes.
- Executor and Guardian Appointments: Advising on the selection of executors and, where applicable, guardians for minor children.
- Will Updates: Reviewing and revising existing Wills following a marriage, separation, birth, or other major life event.
- Will Review: Assessing an existing Will to confirm it remains valid and continues to reflect your intentions.
Primary Wills
A Primary Will governs assets that require probate, such as bank accounts, real estate held in your name, and investments that institutions will only release to a court-appointed estate trustee. Our services include:
- Probate Asset Planning: Identifying which of your assets must pass through the Primary Will and be submitted for probate.
- Estate Trustee Appointments: Naming the executors who will apply for a Certificate of Appointment and administer these assets.
- Coordination with Secondary Wills: Drafting your Primary Will to work alongside a Secondary Will without conflict or unintended revocation.
- Estate Administration Tax Planning: Structuring your plan so Estate Administration Tax applies only to assets that truly require probate.
Secondary Wills
A Secondary Will deals with assets that can usually be transferred without probate, such as shares of a private corporation and certain personal property. Using one can help reduce Estate Administration Tax in Ontario. Our services include:
- Private Company Shares: Transferring shares and shareholder loans of privately held corporations outside the probate process.
- Personal Property: Addressing art, jewellery, vehicles, and other personal effects that do not require probate.
- Clear Asset Allocation: Precisely defining which assets fall under each Will to avoid uncertainty and disputes.
- Business Succession: Aligning your Secondary Will with shareholder agreements and your business succession plan.
Powers of Attorney
A Power of Attorney allows someone you trust to make decisions on your behalf if you become unable to manage your own affairs. We prepare Powers of Attorney that are clear, properly executed, and suited to your circumstances, including:
- Power of Attorney for Property: Authorizing a trusted person to manage your finances, banking, and property.
- Power of Attorney for Personal Care: Setting out who may make decisions about your health care and personal well-being.
- Conditions and Limitations: Structuring your Powers of Attorney with any restrictions or conditions you wish to include.
- Capacity Guidance: Explaining the legal requirements for granting a valid Power of Attorney in Ontario.
Estate Planning
Estate planning goes beyond a single document. We work with you to build a coordinated plan that addresses your assets, your family’s needs, and your long-term wishes, including:
- Asset Review: Considering how your real property, investments, insurance, and registered accounts fit into your overall plan.
- Beneficiary Designations: Reviewing beneficiary designations on insurance policies and registered plans for consistency with your Will.
- Blended and Multi-Generational Families: Planning for spouses, children from prior relationships, and other family situations.
- Ongoing Reviews: Revisiting your plan as your family, assets, or circumstances change over time.
The Probate and Estate Administration Process
01
Initial Consultation
We meet with the executor or family to review the Will, identify the estate’s assets and debts, and outline the steps ahead.
02
Confirming the Executor’s Authority
We review the Will to confirm the named estate trustee and explain the executor’s duties and responsibilities.
03
Applying for Probate
Where required, we prepare and file the court application for a Certificate of Appointment of Estate Trustee, with or without a Will.
04
Gathering and Valuing Assets
We assist the executor in identifying, valuing, and securing the estate’s bank accounts, real property, investments, and personal property.
05
Paying Debts and Taxes
We help coordinate the payment of outstanding debts, administration expenses, and the estate’s final tax filings.
06
Distributing the Estate
Once debts and taxes are addressed, we assist with distributing the remaining assets to the beneficiaries and finalizing the estate accounts.
Trusts and Asset Protection
Trusts can be a valuable part of an estate plan, offering additional control over how and when assets are managed or distributed. We advise on the use of trusts to protect beneficiaries and support your broader estate planning goals, including:
- Testamentary Trusts: Trusts created under your Will to manage assets for children, grandchildren, or other beneficiaries.
- Trusts for Beneficiaries with Disabilities: Structuring trusts intended to support a beneficiary while preserving eligibility for government benefits.
- Spousal Trusts: Planning for a surviving spouse while directing how remaining assets ultimately pass to other beneficiaries.
- Trustee Guidance: Advising trustees on their duties and obligations in administering a trust.
Estate Disputes and Litigation
Disagreements can arise during the administration of an estate, even with careful planning. We assist executors, beneficiaries, and family members in resolving estate-related disputes, including:
- Will Challenges: Advising on disputes concerning the validity of a Will, including questions of capacity or undue influence.
- Dependant Support Claims: Assisting dependants who believe they have not been adequately provided for under a Will.
- Executor Disputes: Addressing disagreements over an executor’s conduct or the administration of the estate.
- Passing of Accounts: Assisting with formal court review of an executor’s or trustee’s accounts.
Planning for Families and Beneficiaries
Every family is different, and your estate plan should reflect your specific circumstances and priorities. We help clients plan thoughtfully for the people who matter most, including:
- Guardianship for Minor Children: Naming a guardian and making arrangements for the care of minor children.
- Blended Families: Balancing the interests of a current spouse and children from a previous relationship.
- Beneficiaries with Special Needs: Planning to support a family member with a disability without affecting their government benefits.
- Charitable Giving: Incorporating gifts to charitable organizations as part of your estate plan.
Plan for Your Family’s Future Today
Contact Dima Alkrzoun, Barrister, Solicitor & Notary, to discuss your Will, Powers of Attorney, or estate plan, or to get assistance with probate and estate administration.
Frequently Asked Questions
Even a modest estate benefits from a Will. Without one, Ontario's intestacy rules determine who inherits your assets, which may not match your wishes. A Will also lets you name an executor and, if you have minor children, express your wishes regarding their care.
If you die without a Will, your estate is distributed according to Ontario's intestacy rules under the Succession Law Reform Act. These rules follow a fixed formula based on your surviving spouse and relatives, which may differ significantly from what you would have chosen.
Probate is the court process of confirming a Will's validity and formally appointing an estate trustee. Not every estate requires probate; whether it is needed depends on factors such as the types of assets involved and the requirements of banks, land registry offices, or other institutions.
Yes. You can update your Will at any time while you have the capacity to do so, typically by preparing a new Will or a formal amendment called a codicil. We recommend reviewing your Will after major life events such as marriage, separation, or the birth of a child.
A Power of Attorney for Property authorizes someone to manage your finances and property. A Power of Attorney for Personal Care authorizes someone to make decisions about your health care and personal well-being if you become unable to do so yourself.
An executor should be someone you trust to act responsibly, keep organized records, and carry out your wishes as set out in your Will. Many people choose a spouse, adult child, other close family member, or a professional. We can help you weigh the considerations involved in this decision.