Your wishes. Thoughtfully prepared.

The value of your assets is only part of the conversation. A will can record who you want to benefit and who you want to administer your estate. Your family circumstances, dependants and personal wishes may matter just as much as the size of the estate. A lawyer can help you decide what planning fits your situation.

Ontario’s intestacy rules determine who is entitled to the estate and in what shares. Someone will also need to obtain authority to administer it. Those rules may produce a different result from what you would have chosen. Tell your lawyer about your relationships and dependants rather than assuming the person closest to you will receive everything.

Think about someone’s judgment, willingness, time and ability to manage paperwork and money. Their location and the relationships involved also matter. Discuss the responsibility with the person before naming them, and consider an alternative if they cannot act. Your lawyer can explain the practical implications of your choices.

Some assets may pass outside the estate because of how they are owned or a beneficiary designation. That does not mean every asset will, or that your overall plan is complete. Bring ownership and beneficiary information to your meeting so it can be considered alongside your will. Get advice before changing ownership simply to avoid probate.

A change in a relationship, a birth or death, a move, a major financial change, or a concern about someone’s ability to act is a useful reason to review your documents. A document can also deserve a review simply because your wishes have changed. Bring the signed version and any amendments so your lawyer can assess what needs attention.

The fee depends on the work agreed with your lawyer, the documents involved and the circumstances that need to be addressed. Ask what is included, how revisions or additional work will be handled, and whether taxes or other expenses are separate. Your lawyer will confirm the proposed scope and fee arrangement before work begins.

A will takes effect after your death. A power of attorney gives someone authority to act during your lifetime, within the document’s scope and the law. A continuing power of attorney for property ends at death; it does not authorize the person to administer your estate. The documents serve different stages of your life.

A property power of attorney concerns financial matters, such as accounts, bills and property. A personal care power of attorney concerns decisions such as health care, housing and nutrition when you cannot make those decisions yourself. Consider the responsibilities separately when choosing who to appoint.

An attorney for property can generally begin acting when appointed unless the document sets a later date or a condition. A personal care attorney’s authority depends on incapacity for the particular decision and the applicable legal requirements. Discuss when you want authority to begin, what limits you want and how the document should express them.

The person making the document must have the capacity required to give it. Being their relative does not itself let you create that authority. Capacity can differ between decisions, so a diagnosis alone does not answer every question. Explain the circumstances promptly to a lawyer, including any existing documents and urgent care or financial decisions.

Start by locating the will, identifying the named estate trustee and gathering the documents already available. Note any urgent property concerns, bills, institutional requests or deadlines. Before making commitments on behalf of the estate, clarify your authority and the next required steps. You can seek advice while information is still being gathered.

The estate trustee administers the estate under the will, if there is one, and the law. Responsibilities include collecting estate assets, addressing debts and taxes, and distributing what remains to those entitled to it. A person named in a will is not required to accept the role. Ask about the responsibilities before taking steps that commit you to acting.

No. Probate is a court process that can confirm or give authority to an estate trustee and, where there is a will, confirm its validity. Whether it is needed depends on the assets, how they are held and the requirements of the institutions involved. Having a will does not, by itself, remove the need for probate.

A probate certificate does not mean all estate obligations have been settled. Debts, taxes, claims and other responsibilities still need to be considered. Distributing assets while tax remains unpaid can expose the legal representative to personal liability. Discuss the timing of distributions and whether CRA clearance is needed with the professionals advising the estate.

There is no single timetable for every estate. Missing documents, property transactions, institutional requirements, court processing, tax matters and disagreements can affect the work. Ask which steps apply to this estate, which depend on other people or organizations, and when you can expect an update. A useful plan identifies the next task without promising a completion date before the facts are known.

Keep the relevant documents and correspondence, note any deadlines and seek advice early. Explain your role and what concerns you, whether it is a document, a decision or information you have not received. An HCLS lawyer Member can confirm whether they can assist with the issue and what advice or other support may be appropriate.