Most people need one will. Some people, mainly owners of private companies, use two: a primary will for assets that need probate and a secondary will for assets that do not. Done properly, this can reduce Ontario’s estate administration tax by a meaningful amount. This page explains how multiple wills work, who they suit, and the care they require. Law Wise is based in Mississauga and serves the entire GTA and Ontario.
The idea behind multiple wills
Estate administration tax is paid when the court issues a certificate of appointment of estate trustee, and it is calculated on the value of the assets dealt with under the will that is submitted to the court. Not every asset needs a certificate. A bank or a land registry office will usually insist on one. The directors of a private company whose shares the deceased owned generally will not, because they can satisfy themselves about the will and the estate trustee’s authority.
With multiple wills, the assets are divided between two documents signed at the same time. The primary will covers assets for which a certificate will be needed, and only that will is submitted for probate. The secondary will covers assets that can be transferred without a certificate. Because the secondary will is not submitted to the court, the value of the assets it covers is not included when the tax is calculated. Ontario courts have accepted this practice since the late 1990s.
What the saving looks like
- The rate. No tax on the first $50,000 of estate value, then $15 for each $1,000, or part of $1,000, above $50,000 (Estate Administration Tax Act, 1998, s 2).
- Example. A person owns a home and investments worth $1,000,000 and shares in a private company worth $2,000,000.
- One will. Tax is calculated on $3,000,000: $44,250.
- Two wills. Tax is calculated on the $1,000,000 under the primary will: $14,250. The shares pass under the secondary will.
- Difference. $30,000.
Source: Estate Administration Tax Act, 1998, SO 1998, c 34, Sched, s 2. Read on e-Laws on 11 October 2026 (e-Laws currency date 7 October 2026).
The example is an illustration only. The saving in a real estate depends on the assets, their values and whether every asset in the secondary will can in fact be dealt with without a certificate.
Assets usually placed in a secondary will
- Shares of private corporations, including a professional corporation or a holding company.
- Amounts owed to you by your own company, such as shareholder loans.
- Interests in a partnership or other private business.
- Personal and household items of value, such as art, jewellery and collections.
- Other assets that the estate trustee can transfer without producing a certificate.
Real estate, bank and investment accounts in your own name, and publicly traded securities normally belong in the primary will.
Who multiple wills suit
Multiple wills make sense where the value that can be kept out of probate is large enough to justify the extra cost of drafting and of keeping two documents up to date. That usually means a business owner, an incorporated professional, or a person with a valuable private investment. For someone whose wealth is a home, registered plans and bank accounts, a second will adds cost and risk for little or no saving, because those assets either need probate or already pass outside the estate by designation or survivorship.
What can go wrong
Multiple wills are simple in concept and unforgiving in detail. The most common error is in the revocation clause. An ordinary will begins by revoking all earlier wills. If the second will signed contains that standard clause, it revokes the first, and the plan fails. Each will must refer to the other and state that it does not revoke it. The two wills must also divide the assets clearly, so that every asset falls under one will or the other and none falls under both or neither. They must deal consistently with debts, taxes and expenses, saying which pool of assets pays what, or beneficiaries under one will can end up bearing costs that were meant to fall on the other. Later changes carry the same risk: a codicil or a new will prepared without both documents in hand can undo the structure. Finally, the saving depends on the company and others accepting the secondary will without a certificate. If a certificate turns out to be needed for an asset in the secondary will, for example because a buyer of the shares insists on one or a dispute arises, that will has to be probated and the tax on those assets becomes payable.
Choosing estate trustees
The same people can be estate trustees under both wills, or different people can be named. Some business owners name a person who understands the business for the secondary will and a family member for the primary will. Where the trustees differ, the wills should set out how they co-operate, share information and settle the estate’s taxes, because the Canada Revenue Agency treats the estate as one taxpayer whatever the number of wills.
How Law Wise prepares multiple wills
- Review the assetsWhat you own, how each asset is held, and which ones truly do not need a certificate.
- Review the companyThe articles, by-laws and any shareholders’ agreement, which may restrict what happens to shares on death.
- Estimate the savingAgainst the added cost, so you can decide whether two wills are worth having.
- Draft both wills togetherWith matching definitions, cross-references and clauses on debts and taxes.
- Sign both at the same meetingWith the required witnesses.
- Review after changesA sale of the business, a reorganization or a new asset can move property from one will to the other.
See also estate planning and corporate and commercial.
Your file is handled by a Law Wise lawyer licensed by the Law Society of Ontario. Service is available in English, Urdu, Punjabi and Hindi, and, if you retain the firm, fees are explained and confirmed in writing before work starts.
Common questions about multiple wills
Is using two wills legal?
Yes. Ontario courts have accepted the use of a primary and a secondary will, and the practice is common among business owners. It must be done with care, because the saving depends on the drafting.
How much does it save?
About $15 for every $1,000 of value kept out of the probated will. On private company shares worth $1,000,000, that is about $15,000. Your own figure depends on your assets.
Do both wills have to be signed on the same day?
They are normally signed together so that neither revokes the other and their terms match. If they are signed at different times, the later one must state clearly that it does not revoke the earlier one.
Does the secondary will ever go to court?
Not if the plan works as intended. If a certificate is later needed for an asset covered by the secondary will, it can be probated then, and tax is paid on the assets it covers.
Can I add a secondary will to my existing will?
It is usually better to prepare two new wills together. Adding a secondary will to an older will, without rewriting it, risks gaps and conflicts between the two.
Do multiple wills reduce income tax?
No. They affect estate administration tax only. Income tax on death is a separate matter and is planned for in other ways, with your accountant.
Own a business and need wills?
Bring your existing will, a list of assets and your company’s ownership details. We will tell you whether a secondary will is worth having.
This page is general legal information for Ontario, current as of 11 October 2026. It is not legal or tax advice and does not create a lawyer-client relationship. For advice about your situation, please speak with a lawyer.