A will and powers of attorney decide who looks after your property, your care and your children if you cannot. At Law Wise Professional Corporation, a wills and estates lawyer in Mississauga prepares these documents, explains what each one does, and helps families deal with an estate after a death. The firm is based in Mississauga’s City Centre and serves clients across the entire GTA and Ontario.
Wills and estates lawyer in Mississauga: what we help with
- WillsYour last will and testament: executor, beneficiaries and guardians for young children.
- Powers of attorneyA continuing power of attorney for property and a power of attorney for personal care.
- Estate planningA full plan: will, powers of attorney, designations, trusts and tax.
- ProbateThe certificate of appointment of estate trustee and estate administration tax.
- Estate administrationHelp for executors: steps, deadlines, accounts and distribution.
- Dying without a willOntario’s intestacy rules, who inherits and who can manage the estate.
- TrustsTrusts for children, blended families and business owners.
- Henson trustsLeaving an inheritance to a person with a disability without affecting ODSP.
- Multiple willsPrimary and secondary wills for owners of private companies.
- Living willsAdvance care wishes and who decides if you cannot.
- Guardianship applicationsGuardians of property and of the person, for adults and children.
- Survivorship applicationsRemoving a deceased joint owner from the title to a home.
- Estate litigationWill challenges, dependant support claims and executor disputes.
Each page explains the law in Ontario and the steps involved. Speak to us if your matter is not on this list.
What makes a will valid in Ontario
Under the Succession Law Reform Act, a will must be signed at its end by the person making it. That person must sign, or acknowledge the signature, in front of two or more witnesses who are present at the same time, and at least two of the witnesses must then sign in that person’s presence. The Act allows the witnessing to be done by audio-visual technology if its conditions are met. A will written entirely in your own handwriting and signed by you, called a holograph will, is valid without witnesses.
If a document was not properly signed, the Superior Court of Justice can still order that it is valid if it is satisfied that the document sets out the deceased person’s testamentary intentions. That means a court application after the death, with no certainty about the result. Proper signing avoids it. Our page on the last will and testament explains what a will should cover.
Marriage, separation and divorce
What the current law says
- Marriage no longer revokes a will in Ontario. The old rule was repealed.
- Divorce: unless the will shows a different intention, a gift to a former spouse and the appointment of a former spouse as executor are revoked, and the will is read as if the former spouse had died first.
- Separation: the same now applies if the spouses were separated when the will-maker died, for example where they had lived separate and apart for three years immediately before the death, or had a valid separation agreement or a court order settling their affairs.
Review your will after you marry, separate or divorce, when a child is born, and when you buy a home or a business.
If there is no will
A person who dies without a will is said to die intestate, and the Succession Law Reform Act decides who inherits. If there is a spouse and no children or other descendants, the spouse is entitled to the whole estate. If there are a spouse and descendants, the spouse first receives a preferential share, which is $350,000 for deaths on or after 1 March 2021, and the rest is divided between the spouse and the descendants under the Act. For these rules a spouse is a married spouse. A common-law partner does not inherit automatically and may have to bring a claim.
Powers of attorney
A will only takes effect on death. Powers of attorney deal with incapacity during your life. Ontario’s Substitute Decisions Act, 1992 provides for two kinds:
- Continuing power of attorney for property: names someone to manage your money and property, and continues to have effect if you become incapable of managing property.
- Power of attorney for personal care: names someone to make decisions about your personal care, such as health care and where you live.
Each must be signed in the presence of two witnesses, who also sign, and the Act lists people who cannot act as witnesses. See power of attorney for the types of power of attorney and how they are used.
Probate and estate administration tax
“Probate” is the everyday word for the court’s certificate of appointment of estate trustee, which confirms the executor’s authority. Estate administration tax is payable when the certificate is issued. For applications made on or after 1 January 2020, an estate valued at $50,000 or less is exempt, and the tax is $15 for each $1,000, or part of $1,000, by which the value of the estate exceeds $50,000. On an estate valued at $500,000, that is $6,750. Not every asset has to go through probate, and good planning takes that into account.
For executors
An executor, called an estate trustee in Ontario, has a job to do: find the will, protect the assets, apply for a certificate if one is needed, pay the debts and taxes, keep accounts and distribute what is left. We can guide you through the whole administration or help with particular steps. If the estate includes a home, a real estate lawyer in Mississauga handles the transfer or sale.
How a Law Wise wills and estates lawyer can help you
- ConsultationYour first consultation is free for 15 minutes, by appointment.
- Your instructionsWe go through your family, your property and what you want to happen.
- DraftingWe prepare the will and powers of attorney and review them with you.
- SigningYou sign with the required witnesses, so the documents are properly executed.
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. If you are separating, see family law. If you own a company, see corporate and commercial for how shares fit into your plan.
Common questions about wills and estates in Ontario
Do I need a lawyer to make a will?
The law does not require one, and a will written entirely in your own handwriting and signed by you can be valid. A lawyer checks that the will is properly signed, says what you mean, and deals with the situations people often miss, such as a beneficiary dying first.
Does getting married cancel my will?
No. Marriage no longer revokes a will in Ontario. It is still a good time to review it.
What happens to my will if I separate or divorce?
Unless your will says otherwise, gifts to your former spouse and their appointment as executor are revoked on divorce. The same applies if you were separated when you died, in the situations the Act describes, such as living separate and apart for three years immediately before death.
What happens if I die without a will?
Ontario’s intestacy rules decide who inherits. A married spouse receives a preferential share of $350,000 where there are also descendants, or the whole estate where there are none. A common-law partner does not inherit automatically.
How much is probate tax in Ontario?
Estate administration tax is $15 for each $1,000, or part of $1,000, of estate value above $50,000. Estates valued at $50,000 or less pay none.
Who can witness my will?
You need two witnesses who are both present when you sign. A person who is to receive a gift under the will, or that person’s spouse, should not be a witness.
Speak with a wills and estates lawyer in Mississauga
Your first consultation is free for 15 minutes, by appointment. If you have an existing will or powers of attorney, bring them.
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.