Will Lawyers in North York

Personal & Business Will Planning Backed by Over 15 Years of Combined Experience

At BSG LLP, we draft wills for individuals, families, and business owners throughout North York and the broader Toronto area. We bring over 15 years of combined legal experience across multiple areas of law, including business law, to will planning where personal and business interests overlap. Consultations are available in person or virtually.

A will is the foundational document in any estate plan. It can direct how assets are distributed, identify who manages the estate, and record guardian preferences for clients with minor children. For business owners, a will also intersects with ownership structures and succession in ways that a personal will alone may not fully address. Our team works with each client to build a plan that reflects both their personal circumstances and any business interests they hold.

Reach out to our will lawyers at BSG LLP. Call (416) 966-6329 to book your initial consultation.

What Happens without a Valid Will in Ontario

Ontario’s Succession Law Reform Act governs what happens when someone dies without a valid will, a situation known as intestacy. Under intestacy, a legislated formula determines who receives the estate and who may apply to manage it, regardless of what the deceased may have intended. Without a will, questions about beneficiaries, estate administration, and guardian preferences for minor children may be left to Ontario’s legal process.

Dying intestate can make estate administration more complicated for surviving family members. Ontario’s rules for separated spouses and former spouses can also affect inheritance rights, depending on the circumstances and applicable statutory requirements. Clients whose marriage, separation, or family relationships have changed should review existing wills to confirm their documents still reflect their intentions.

What a Comprehensive Will Covers

We draft wills that identify beneficiaries, name an executor, also called an estate trustee, to administer the estate, record guardian preferences for minor children, and address personal property and financial accounts. The estate trustee is responsible for administering the estate and distributing assets in accordance with the will and applicable Ontario law.

We tailor these provisions to the client’s family relationships, assets, liabilities, and business interests rather than relying on generic instructions.

Ontario Legal Requirements for a Valid Will

Under the Succession Law Reform Act, a formal will must be in writing, signed by the testator, and generally witnessed by two people in accordance with the statute’s signing requirements. A holograph will, written entirely in the testator’s own handwriting and signed, may be valid in Ontario without witnesses, though it can create questions about clarity and interpretation.

Since January 1, 2022, section 21.1 of the Succession Law Reform Act has given Ontario’s Superior Court of Justice authority to validate certain documents that do not strictly meet execution formalities when they record testamentary intentions. Marriage no longer automatically revokes a will under Ontario law. We prepare wills with the execution requirements, witness considerations, and each client’s instructions in mind.

How We Draft & Update Your Will

Our structured process includes:

• Reviewing your personal, family, and business circumstances
• Identifying beneficiaries and decision-makers
• Clarifying succession instructions for any business interests
• Drafting clear directives intended to comply with Ontario law
• Updating the will as your circumstances evolve

A will should be reviewed after major life events: marriage, separation, the birth of a child, a change in business ownership, or a significant change in assets.

Personal & Business Interests in Will Planning

When a client holds interests in a private corporation, additional planning may be needed. Shareholder agreements may include buy-sell clauses that interact with a will’s directions for business interests, so both documents should be reviewed together.

A separate business will or dual-will structure may reduce the assets requiring an estate certificate application, which can affect Ontario estate administration tax. Whether this approach is suitable depends on the ownership structure and broader estate plan. Our business-law background supports a coordinated review of personal wills, company shares, shareholder agreements, and succession.

Tax & Probate Considerations in Ontario Estate Planning

Ontario’s estate administration tax can apply to assets requiring an estate certificate, depending on the estate and the assets involved. Assets with named beneficiaries, such as RRSPs, TFSAs, and life insurance, may pass outside the estate in some circumstances. Joint ownership and beneficiary designations should be reviewed as part of the wider estate plan rather than considered in isolation.

Deemed disposition rules under the Income Tax Act can treat certain assets as sold at fair market value at death, which may create tax consequences. A testamentary trust created within a will can provide a structure for managing distributions to beneficiaries, though its suitability depends on the estate and beneficiary circumstances. We coordinate with financial professionals on estate-planning strategies involving trusts and asset designations. Our resources also address the probate process and potential estate disputes.