Will Lawyers in North York

Over 15 Years of Combined Experience. Wills for Individuals, Families, & Business Owners.

BSG LLP drafts wills for individuals, families, and business owners throughout North York and the broader Toronto area. Our firm brings over 15 years of combined legal experience across multiple areas of law, including business law. This means business-owner clients can address company shares, shareholder agreements, and succession planning as part of a single will-planning engagement. Consultations are available in person or virtually.

A will is the foundational document in any estate plan. It directs how assets are distributed, who manages the estate, and, for clients with minor children, who serves as guardian. 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.

Get the support you need from our will lawyers at BSG LLP. Reach out at (416) 966-6329 to book your initial consultation.

What Happens Without a Valid Will in Ontario

Ontario’s Succession Law Reform Act (SLRA) 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 manages it, regardless of what the deceased may have intended. The court appoints an estate trustee, and any wishes regarding guardianship of minor children carry no legal weight.

Dying intestate can also delay estate administration and increase legal costs for beneficiaries. Under sections 17 and 43.1 of the SLRA, a spouse who has lived separate and apart for three or more years due to the breakdown of their marriage is no longer automatically entitled to inherit under a will or on intestacy. Because the three-year period couldn’t begin running until the amendments came into force on January 1, 2022, these provisions reached their full effect as of January 1, 2025. Clients with existing wills should review them in light of this change to confirm their documents still reflect their intentions.

What a Comprehensive Will Covers

We draft wills that identify beneficiaries, name an executor (estate trustee) to administer the estate, set guardianship directions for minor children, and address personal property and financial accounts. The executor is responsible for interpreting the will, managing the estate through the administration process, and distributing assets in accordance with Ontario law.

For business-owner clients, we address company shares, leadership succession, and operational continuity within or alongside the will. Ontario’s dual-will strategy allows business owners to hold private company shares in a secondary will that doesn’t require probate, which may reduce estate administration tax. Whether a single will or a dual-will structure is appropriate depends on each client’s ownership interests and overall estate plan.

Ontario Legal Requirements for a Valid Will

Under the SLRA, a formal will must be in writing, signed by the testator, and witnessed by two people who aren’t beneficiaries or their spouses, all present at the same time of signing. A holograph will, written entirely in the testator’s own handwriting and signed, is valid in Ontario without witnesses, though it carries greater risk of ambiguity.

Since January 1, 2022, section 21.1 of the SLRA gives Ontario’s Superior Court of Justice the power to validate a will that doesn’t strictly meet execution formalities, provided the document reflects the testator’s testamentary intentions. Marriage no longer automatically revokes a will under Ontario law following the 2022 amendments. We ensure every will we prepare meets the SLRA’s requirements and is structured to support enforceability.

Our Will Drafting Process

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, enforceable directives that 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, acquisition of a business interest, or a significant change in assets. We make that process straightforward for existing clients.

Need a will attorney in North York? Contact us to schedule your consultation at (416) 966-6329.

Personal Wills vs. Business Will Planning

A personal will covers real estate, bank accounts, investments, personal property, and guardianship of minor children. When a client also holds interests in a private corporation, additional planning is required. Shareholder agreements may include buy-sell clauses that interact with or override what a will directs for business interests, so both documents must be reviewed together.

A separate business will or dual-will structure can reduce the estate assets that pass through probate, potentially lowering Ontario estate administration tax on private company shares. Our business law background allows us to address these intersections directly, without referring clients to a separate firm for the business side of their estate plan. We work with each client to identify where personal and business interests overlap and structure an approach that addresses both within a single engagement.

Tax & Probate Considerations in Ontario Estate Planning

Ontario’s estate administration tax applies to the value of assets that pass through the estate. Assets with named beneficiaries, such as RRSPs, TFSAs, and life insurance, may pass outside the estate and avoid this tax. Under Part III of the SLRA, beneficiary designations for registered plans allow those assets to transfer directly to named beneficiaries.

Deemed disposition rules under the Income Tax Act treat certain assets as sold at fair market value at death, which can create taxable gains that should be anticipated in the estate plan. A testamentary trust created within a will can manage how and when beneficiaries receive their inheritance and may offer tax and asset-protection benefits. We coordinate with financial professionals and advise on strategies, including trusts and asset designations, to help preserve wealth during estate transfer. For questions about the probate process or potential estate disputes, our team can assist with those matters as well.

Why North York Clients Choose BSG LLP for Will Planning

Our multi-practice background distinguishes us for clients whose estate plans involve both personal and business dimensions. Rather than treating a will as a standalone document, we consider how it interacts with shareholder agreements, corporate structures, beneficiary designations, and tax obligations. This integrated approach supports individual clients and business owners alike.

We tailor every plan to the client’s specific circumstances, whether they’re preparing a first will, updating an existing one after a life change, or restructuring a dual-will arrangement. Consultations are available in person or virtually, and we serve clients throughout North York and the Toronto area with the same level of attention regardless of how they choose to meet with us.

Start Your Will Planning with BSG LLP

Individuals, families, and business owners across North York can contact our will attorneys at BSG LLP to schedule an initial consultation and begin building an estate plan that reflects their goals. We provide clear guidance at each stage, from the first conversation through to a signed, legally valid will.

For trusted legal guidance, call a will lawyer at BSG LLP today. Reach us at (416) 966-6329 or contact us online to schedule your consultation.