Wills and Estates

At DSF, we work with a team of wills and estate lawyers Toronto area clients can rely on for comprehensive counseling and mediation for the following services:

Estate Settlement Without a Will (Intestate Succession): When no will is present at the time of a person’s death, property is distributed in accordance with the Ontario Succession Law Reform Act. The cornerstones of this are as follows:

• A spouse is entitled to “preferential share,” and any children have an interest in the balance. The spouse does not receive the full amount of estate rather the preferential share being $200,00 for the estates of persons who die before March 1, 2021 and $350,00 for the estates of persons who die on or after March 1, 2021. O. Reg. 122/21, S.1. and the remainder divided dependent on the specific facts of the estate matter (i.e. between children and spouses).
• Surviving spouse and no children: Your spouse receives the entire estate
• No spouse or children: Estate goes to your next of kin, determined by the Succession Law Reform Act
• Child under 18 years of age: Their share will be administered by the Ontario Office of the Public Guardian and Trustee. They are given their share when they turn 18

Estate Settlement with a Will (Testate Succession): A DSF wills and estate lawyer can help you both navigate creating a will and work with you to ensure that a will’s terms are carried out to avoid the will being contested. When a will exists, it can and should stipulate the following:

• Who will act as trustee for minor beneficiaries
• Whether monies can be paid either on account of income, principal or both, to minor beneficiaries prior to their age of majority
• Whether monies can be paid to the parent or guardian of a minor beneficiary for the benefit of the minor beneficiary
• At what age a minor beneficiary will be entitled to his or her share of your estate, either in installments or at one time
• Specify who will receive your personal and household effects