What Bill 245 actually changed
Bill 245's substantive amendments to the Succession Law Reform Act came into force January 1, 2022. The most consequential changes: marriage no longer revokes a pre-existing will (s. 16 was repealed — a major change driven in part by predatory marriage concerns). Separation operates like divorce for will construction — spouses separated for at least three years (or under a separation agreement, court order, or family arbitration award) are treated as having predeceased each other for purposes of gifts and appointments. Substantial compliance was introduced under new s. 21.1 — the Superior Court can validate a document that does not meet strict execution formalities if it sets out the deceased's testamentary intentions (electronic wills remain excluded). Permanent virtual witnessing (audio-visual execution) is now allowed, with at least one witness who is a Law Society licensee.
A streamlined Small Estate Certificate procedure is available where the gross value of the Ontario estate is $150,000 or less. It uses a simplified application, requires 30 days' notice to beneficiaries, and dispenses with the bond. The Estate Administration Tax still applies on amounts above $50,000.
Multiple wills for business owners — the EAT savings
Endorsed by the Ontario court in Granovsky Estate v. Ontario (1998), the multiple-wills strategy uses a Primary Will (probated; covers real estate, regulated investment accounts, public-company shares — assets requiring third-party transfer authority) and a Secondary Will (not probated; covers private corporation shares, shareholder loans, personal effects, art, and assets a director or transferee will release without a court grant).
Estate Administration Tax (Ontario probate fees) is calculated only on the Primary Will: $0 on the first $50,000, then $15 per $1,000 (1.5%) on the value above. For a business owner with $5M of private-company equity, multiple wills can save approximately $75,000 in EAT on those private-company assets alone. After Re Milne Estate (2018) and the appellate clarification in Re Panda Estate (2019), the wills must contain clear basket clauses and a clean allocation of assets between primary and secondary, or the wills can be void for uncertainty. Drafting matters.
Will challenges and the minimal evidentiary threshold
Three core grounds: lack of testamentary capacity (the Banks v. Goodfellow test, still authoritative in Ontario), undue influence (coercion overpowering the testator's independent judgment), and suspicious circumstances (around the preparation or execution — e.g., the principal beneficiary arranged the will, the testator was isolated, deathbed instructions). Suspicious circumstances trigger a shift in the evidentiary burden: the propounder must affirmatively prove knowledge and approval and capacity.
Recent doctrinal trend: Ontario courts continue to enforce a minimal evidentiary threshold before a will challenge can proceed past the preliminary stage. The threshold is low but it requires more than speculation. Graham v. McNally Estate and Blais (2024 ONSC 4006) dismissed a challenge for failing to clear it. Adult children with no financial dependence on the deceased generally cannot succeed on a moral-obligation claim alone, although they may be eligible dependants under SLRA s. 58 if the deceased was supporting them.
Intestacy and dependant support
If a person dies without a will in Ontario, the SLRA's intestacy rules apply. A married spouse takes the first $350,000 (the "preferential share") and either the entire residue (no children), one-half (one child), or one-third (two or more children). Common-law spouses inherit nothing under the SLRA — they must claim as a dependant under s. 58 or in equity. The Office of the Public Guardian and Trustee may step in if no family member applies for administration.
Under SLRA s. 58, if a person dies leaving a will that does not adequately provide for someone they were supporting (or had a legal obligation to support) immediately before death, that person can ask the court for a larger share of the estate. "Dependants" includes a spouse (married or common-law of at least 3 years' continuous cohabitation, or in a relationship of some permanence with a child), parent, child, and sibling. The application must be filed within 6 months of the grant of probate or letters of administration.
What we do
- Single, mirror, and multiple wills (Primary + Secondary for business owners)
- Continuing Powers of Attorney for Property and Powers of Attorney for Personal Care
- Estate planning for business owners (secondary wills, share freezes, family trusts)
- Henson trusts and disability planning (preserving ODSP eligibility)
- Probate / Certificate of Appointment of Estate Trustee applications
- Small Estate Certificate applications (estates $150,000 or less)
- Estate administration: asset gathering, debts, accounting, distributions, CRA clearance
- Will challenges (capacity, undue influence, suspicious circumstances)
- Dependant support claims under SLRA s. 58
- Passing of accounts, executor compensation disputes, removal of estate trustees
- Guardianship applications under the Substitute Decisions Act
- Cross-border and U.S.-situs estate planning (snowbird wills, U.S. estate-tax exposure)
Frequently asked
How much does a basic will cost in Ontario?
A simple lawyer-drafted will runs $400–$900 plus HST in 2026. Most clients should budget for the full estate plan — will plus both Powers of Attorney — which is typically $900–$1,800 for one person or $1,400–$2,500 for a couple's mirror wills. Online templates are cheaper but offer no advice on tax planning, blended-family issues, or business assets, and a single drafting error can cost the estate far more than the saved fee.
When is probate actually required?
Probate is required when a third party (a bank, the Land Registry Office, a public-company transfer agent, an investment dealer) needs the court's confirmation that the named estate trustee has authority to deal with the asset. Real estate solely in the deceased's name almost always requires probate. Joint accounts, registered accounts with a designated beneficiary (RRSP, RRIF, TFSA), insurance proceeds payable to a named beneficiary, and assets held in a properly structured Secondary Will generally do not.
Can I challenge a parent's will?
Yes, if you have standing and can clear the minimal evidentiary threshold. The three usual grounds are lack of testamentary capacity, undue influence, and suspicious circumstances. Ontario courts have repeatedly dismissed challenges that rest only on the contestant's belief that the result was unfair — you need objective evidence (medical records, witness accounts of coercion, drafting irregularities). Adult children with no financial dependence on the deceased generally cannot succeed on a moral-obligation claim alone, although they may be eligible dependants under SLRA s. 58 if the deceased was supporting them.
What happens if someone dies without a will in Ontario?
The SLRA intestacy rules apply. A married spouse takes the first $350,000 and either the entire residue (no children), one-half (one child), or one-third (two or more children). Common-law spouses inherit nothing under the SLRA — they must claim as a dependant or in equity. The Office of the Public Guardian and Trustee may step in if no family member applies for administration.
Do I need a Power of Attorney if I already have a will?
Yes — they do entirely different jobs. A will only takes effect on death. Powers of Attorney govern who manages your money and your medical and personal-care decisions if you become incapable while alive. Without a Continuing POA for Property, your spouse or family will have to apply to the court for guardianship under the Substitute Decisions Act — slower, more expensive, and stressful.
How long does probate take in Ontario?
Realistic timelines in 2026 are 8–16 weeks for the Certificate of Appointment in the Toronto region for a routine application; small-estate certificates can be slightly faster. Court backlogs vary by jurisdiction. Estate administration after probate (selling property, filing terminal and estate tax returns, obtaining CRA clearance, distributing) typically runs 12–24 months.
Should I leave my house in joint tenancy with my adult child to avoid probate?
Often a costly mistake. Joint tenancy with an adult child can trigger immediate income tax consequences (deemed disposition for capital gains), expose the property to your child's creditors and matrimonial claims, and create Pecore v. Pecore (2007 SCC) ambiguity over whether you intended a true gift or merely a bare trust for estate convenience. Speak to a lawyer before retitling — proper estate planning is almost always a better answer.