Lawyers Who Practice Wills & Estate Administration Law
Our wills & estate administration lawyers have extensive experience representing clients throughout Windsor and Essex County. Click on a lawyer below to learn more.
If you have been meaning to get your affairs in order but were not sure where to start, you are not alone. Some people believe they do not own enough to need a will. Others worry that meeting with a lawyer will be expensive or time-consuming. In reality, anyone can benefit from a thoughtful estate plan, no matter the size of their estate, and getting started is easier than most people expect.
At Stipic Binder Drake Reynolds LLP, we have spent decades helping Windsor-area families plan for the future and navigate difficult times. Our dedicated legal team will take the time to understand your situation, answer your questions, and treat you with patience and respect. We know these conversations can feel personal and emotional, and we handle them with care.
Because our firm also handles related areas, we can support you well beyond a single document. From the family home to a small business, we help you think through how your property should pass and what protections make sense for the people who depend on you. Everything is handled in-house, so you have a steady team to call whenever your life or your wishes change.
Drafting Your Will in Windsor
Your will is your chance to make sure your estate goes to the family members, friends, and charities you choose. If you die without a will, you give up the ability to decide how your estate is divided, and Ontario's intestacy rules decide for you instead. A well-drafted will lets you name the people you trust, provide for the people you love, and reduce stress and uncertainty for your family later on.
Powers of Attorney for Personal Care and Property
A power of attorney for personal care lets you name someone to make decisions about your health care, where you live, what you wear, and what you eat if you are ever unable to speak for yourself. The person you choose should be someone you trust to honour your wishes, which is why many people name a spouse, a family member, or a close friend.
A continuing power of attorney for property names someone to manage your finances and property if you become unable to do so yourself. This person can handle everyday tasks such as paying your bills, collecting money owed to you, and managing your investments. Naming the right people in advance keeps your affairs in trusted hands and spares your family a difficult court process.
Creating and Administering Trusts
When set up properly, a trust can help everything run smoothly and protect the people you care about. A testamentary trust forms part of your will and can shield an inheritance until the time is right. Families often consider a testamentary trust when they want to:
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Leave an inheritance to young children and protect it until they reach adulthood.
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Provide for a loved one with a disability who needs help managing an inheritance.
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Protect a child's inheritance after a remarriage so it does not pass to a new spouse or stepchildren, which often matters most for blended families.
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Keep the family home available for a current spouse during their lifetime, then pass it to children from an earlier marriage.
Trusts can also control the timing and amount of an inheritance. You might choose to release half at one age and the rest at another, for example. Some trusts are created during your lifetime. These inter vivos trusts can protect assets, reduce income tax, and limit disputes among heirs. Because every family is different and there are personal, legal, and tax issues to weigh, it is wise to get advice from a knowledgeable estate lawyer before setting up any trust.
Estate Administration and Probate in Ontario
Settling an estate can be a detailed process, especially for larger estates. The executor or estate trustee must follow Ontario law, including the rules in the Estates Administration Act, when gathering assets, paying debts, and distributing what remains to the beneficiaries.
Probate is the process in which the court confirms a will is valid and that the estate trustee has the authority to act. Once the court grants probate, the estate's assets can be distributed. Estate trustees are usually required to pay the estate administration tax, which is calculated on the value of the estate. We can help you understand how to apply for probate, which assets to include or exclude, and what is owed, so you can carry out your duties with confidence.
FAQ About Wills and Estate Administration in Ontario
Do I really need a will if I don't have many assets?
Yes. A will is not only for people with large estates. It lets you choose who receives your belongings, name a guardian for minor children, and make settling your estate easier for your family. Without one, Ontario law decides who gets what, which may not match your wishes.
What happens if I die without a will in Ontario?
When someone dies without a will, they are said to die intestate. Ontario's rules then decide how the estate is divided among surviving relatives, and the court appoints someone to manage it. The result may not reflect what you would have wanted, and it can add time, cost, and stress for your family.
What is the difference between a power of attorney for personal care and one for property?
A power of attorney for personal care names someone to make decisions about your health, housing, and daily care if you cannot. A continuing power of attorney for property names someone to manage your money and property. Many people prepare both so that every part of their life is covered.
What is probate, and is it always required?
Probate is the court process that confirms a will is valid and gives the estate trustee authority to act. Not every estate needs it. Whether probate is required often depends on the type and value of the assets and what banks or other institutions ask for. We can review your situation and let you know.
How much is the estate administration tax in Ontario?
Ontario charges an estate administration tax based on the value of the estate being probated. Some assets may not need to be included, which can affect the amount owed. We can help you calculate it and identify which assets belong in the estate.
Can a trust help protect my children's inheritance?
It can. A trust can hold an inheritance until a child reaches a certain age, provide for a loved one with a disability, or keep assets in the family after a remarriage. The right approach depends on your family, so it is best to review your options with a lawyer before setting one up.
How often should I update my will?
It is a good idea to review your will after major life events such as a marriage, separation, the birth of a child, a death in the family, or a significant change in your finances. Even without a big change, a periodic review helps make sure your plan still reflects your wishes.
What does an executor or estate trustee actually have to do?
An estate trustee gathers the estate's assets, pays valid debts and taxes, applies for probate if needed, and distributes what remains to the beneficiaries, all while following Ontario law. It is a real responsibility, and we regularly guide estate trustees through each step.
Ready to Protect Your Family's Future?
Whether you’re putting a plan in place or setting a loved one's estate, getting started is simple. Our Windsor estate lawyers are ready to listen, answer your questions, and help you take the next step at a pace that feels right for you.
Call us at (519) 254-6433 or contact us online to get started. We help clients in Windsor, Tecumseh, LaSalle, Belle River, Kingsville, Leamington, Chatham-Kent, Sarnia-Lambton, and across Ontario.
