Wills, Trusts and Estates
To ensure your estate is handled properly,
you need timely legal advice and proficient counsel.
- Estate Administration and Planning
- Accounting
- Assets that pass outside of the estate
- Capacity
- Duties of the Estate Trustee
- Distribution of the residue of the estate
- Dealing with the debts of the estate
- Primary and Secondary Wills (Dual Wills/Public Asset Will and Private Asset Will)
- Estate Litigation
- Dependant Support Claims
- Disagreements over the Will and/or administration of the estate
- Equalization of property
- Passing of accounts
- Guardianship Applications
- Probate Applications
- Property Division and Real Estate Transfers
- Wills & Powers of Attorney
- Trusts
To learn more about how we can help you, please get in touch with Russell Gibson
Our Wills, Trusts and Estates Lawyers
Frequently Asked Questions
At Gibson Tanner Rabin LLP, we understand that navigating legal matters can be complex and overwhelming. Our FAQs are designed to provide clear, concise answers to common questions, helping you gain a better understanding of our services and processes.
What happens if someone dies without a Will?
In Ontario, if someone dies without a Will (intestate), the assets are distributed according to the Succession Law Reform Act, which may not align with your preferences.
What is probate and how does it work?
In Ontario, probate is the court process of validating a Will. It involves the court confirming the validity of the Will and granting the authority to the executor to administer an estate.
Can I write my own Will or do I need a lawyer?
While you can draft your own Will, seeking legal advice is recommended to ensure the Will meets all legal requirements and helps prevent disputes among beneficiaries.
How does divorce affect my Will?
Divorce will not automatically revoke your Will. If you already have a Will and you get divorced, any gifts made to your former spouse in the Will are treated as if your former spouse died before you. It’s important to review and update your Will after a divorce to ensure your wishes are accurately reflected.
How often should I update my Will?
Updating your Will is advisable when major life events occur, such as marriage, divorce, birth of a child, or acquisition of new assets.
