Mar 31, 2026
When someone you know passes away, there is more to manage than just the impact of their loss. There is a legal process that determines how their finances are handled, debts are paid, and inheritances are distributed. It can feel overwhelming if you’re not familiar with the terminology or steps involved. This guide breaks down the fundamentals of estates in Ontario in way that is easy to understand.
What is an Estate?
An estate is everything a person owned (assets) and owed (liabilities) at the time of their death.
Example: Bob passes away. At the time of his death, he owned a house, a chequing account with $2,000, and a savings account with $40,000. He also owed $6,000 to CRA. All these together form Bob’s “Estate.”
What is an Executor?
An executor (aka an estate trustee) is an individual who manages someone’s estate after they die. There can be more than one estate trustee, and sometimes a trust company can act as the estate trustee instead of an individual. An executor is usually specified in a will or otherwise appointed by court order.
Example: Bob passed away leaving a valid will that that names George as the executor of his Estate. George will be responsible for accessing and closing Bob’s bank accounts, paying the debt to CRA and other liabilities, selling the house, and paying the remaining money to the beneficiaries named in the will, among other responsibilities.
What exactly is “Probate”?
Probate is the term for the process of obtaining a “Certificate of Appointment of Estate Trustee” also commonly referred to as a “probate certificate”.
Example: For Sally and Donna to receive their inheritance following Bob’s death, a process called “probate” must occur. This process usually begins when Sally and Donna give the original will to George. George must then apply for a “probate certificate” by submitting an application to the court along with the original will. This application is called an “Application for a Certificate of Appointment of Estate Trustee,” or a “probate application.”
Once the court reviews George’s application and is satisfied that the will is valid, and that no other wills of Bob’s have been filed with the court, it will issue George a “probate certificate.” With this certificate, George can now begin to manage Bob’s estate. This entire process is known as “probate.”
*It is important to note that there are circumstances where probate is not required. For the purposes of this blog, I will be using an example where probate is required.
Probate Certificate aka “Certificate of Appointment of Estate Trustee”
A “Certificate of Appointment of Estate Trustee,” also known as a “probate certificate,” is a document issued by the court that authorizes a person (the executor) to manage an estate.
Example: George needs to close Bob’s bank accounts. He goes to TD Bank and explains that he is the executor of Bob’s estate and wants to access and close his accounts. Since George isn’t listed as an account holder, the bank has no record of him and asks for proof that he’s authorized to act on Bob’s behalf. George must provide a copy of his probate certificate issued by the court to prove he has authority to close the accounts.
Beneficiaries
A beneficiary is a person(s), charity, or organization who receives a gift (aka an inheritance) from someone’s estate after they die.
Example: Bob’s will names his two children, Sally and Donna, as beneficiaries. According to Bob’s will, each of them will receive $100,000.00 from his estate. George is responsible for making this happen. George will pay Sally and Donna each their $100,000.00 using money from Bob’s estate.
This is just one example of how an individual’s estate may be administered after their death. There are many other situations to consider. For example, if a person dies without leaving a will (dying “intestate”), the process for applying for probate will be different. Or, if a will exists but its validity is challenged by a beneficiary or an interested party, the estate may have to go through legal proceedings (“litigation”). Regardless of the specific circumstances, it is important to understand the basic principles of estates in case you ever find yourself responsible for managing a loved one’s estate.
Stacie Chrysanthopoulos
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
Jan 30, 2026
I’ve recently become a big fan of the British drama Downton Abbey which ran for six series (or ‘seasons’ for us North American folk) from 2010 to 2015, plus five Christmas specials and three feature films. The show centres around an aristocratic English family in the early 20th century who live in the fictional Yorkshire estate of Downton.
The premise of the first series is that Robert Crawley (the Earl of Grantham and the holder of the entail – or life tenancy – that consists of the Downton estate) and his wife have three daughters but no sons. The problem with the entail is that only male heirs could inherit. Thus, Robert’s eldest daughter Mary could never inherit the Downton estate. [Warning: series 3 and 4 spoilers ahead!]
Through a series of events, it was discovered that Robert’s distant cousin Matthew Crawley was the heir presumptive to the entail. Matthew would inherit the entail after Robert’s death and become the next Earl of Grantham. As TV dramas go, Mary and Matthew end up falling in love and marrying. Then, Robert falls into financial trouble and Matthew bails him out by purchasing half of Robert’s life interest in Downton. This gave Matthew control over Downton during Robert’s lifetime. When Robert died, Matthew would become the Earl of Grantham and inherit the whole entail.
Sadly, Matthew dies prematurely in a tragic car accident, with his widow Mary and newborn son George as his survivors. We learn that Matthew died without a will. (Side note, Matthew was a solicitor and didn’t make a will. Tsk.) Since he died intestate, his infant son inherited Matthew’s estate, which included the one-half ownership in Robert’s life interest of Downton.
Robert unilaterally decided that he should be the guardian of George’s share in Downton until he turned 18, probably so that he could take back full control of Downton. Mary objects to that plan and puts herself forward to be the guardian. Family tension! Drama!
It is later discovered that Matthew wrote a letter to Mary and put it in a book in his office just days before he died, which purported to leave his entire estate to her:
My darling Mary,
We are off to Duneagle in the morning and I have suddenly realised that I’ve never made a will or anything like one, which seems pretty feeble for a lawyer and you being pregnant makes it even more irresponsible. I’ll do it properly when I get back and tear this up before you ever see it, but I’ll feel easier that I’ve recorded on paper that I wish you to be my sole heiress. I cannot know if our baby is a boy or a girl but I do know it will be a baby. If anything happens to me before I’ve drawn up a will and so you must take charge. And now I shall sign this and get off home for dinner with you. What a lovely, lovely thought.
Matthew
[Author’s note: WHY would Matthew leave the letter in a book? WHY didn’t he give it to her or put it somewhere more conspicuous? This is pretty bad estate planning for a solicitor.]
The letter was witnessed by two of Matthew’s clients.
Gasp! Is this Matthew’s Last Will and Testament?
Robert’s lawyer investigates, and concludes that Matthew’s letter demonstrates testamentary intention and therefore is upheld as his Last Will and Testament. So, Mary owns half of the Downton estate while Robert’s alive! All’s well that ends well.
Now that I’ve given you a comprehensive play by play of the juicy drama, let’s apply it to modern-day Ontario law.
Intestate Succession
If Mary and Matthew were a married couple with a child in Ontario, would their child inherit the entirety of Matthew’s estate if he died without a will?
Short answer: No. Intestate succession is governed by the Succession Law Reform Act. It provides that where the testator was survived by a spouse and one child, the spouse is entitled to the preferential share of the estate, which is currently prescribed by legislation as $300,000. After payment of the preferential share, the residue of the estate is split into two parts, one for each of the spouse and the child.
For illustrative purposes, let’s say Matthew’s estate was worth $500,000. Mary would get the first $300,000, and the remaining $200,000 would be split equally between Mary and George. Mary would end up with $400,000, and George would get $100,000.
Guardianship of Property of Minors
If George were a baby in Ontario and suddenly inherited money from his deceased father’s estate, could his grandfather Robert or mother Mary simply assume the role as the guardian of George’s property?
Short answer: No. Neither Mary nor Robert can simply assume the role as guardian of George’s property. Assuming that Matthew died intestate, George’s inheritance would have to be paid to the Accountant of the Superior Court of Justice to be held in trust and managed on his behalf until he turned 18 years old. The alternative is for Robert or Mary to apply for guardianship of George’s property under the Children’s Law Reform Act. If guardianship were granted, they would be responsible for managing George’s property pursuant to a court-approved management plan until he turns 18 years old.
Formalities of a Will
Is Matthew’s letter a valid will under Ontario laws?
Short answer: Likely yes. The Succession Law Reform Act requires that wills be in writing, signed by the testator at its end, and witnessed by two witnesses. Testators can also make a holograph will by writing the whole will in his own handwriting and signature, without the requirement of witnessing signatures.
Assuming that there was no dispute that Matthew handwrote the letter and signed it at the end, and since he stated his testamentary intention to dispose of his property by bequeathing his estate to Mary, the letter would likely be upheld as a valid holograph will. The two witness signatures are nice to have but not required, since the letter was written wholly in Matthew’s handwriting.
I have yet to finish the entire show so please no spoilers for series 5, 6, or the films!
Zara Wong
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
Jan 23, 2026
Dealing with estates involves more than Wills, probate and distribution. It also includes the emotional challenges families face in coping with loss, especially in sudden deaths.
No one is fully prepared for loss, even if the deceased was ill for an extended time. However, the deceased preparing and providing instructions can certainly assist the family.
Here are some suggestions to help your family navigate estate matters.
Wills
Inform your family that you have made a Will if you have one. Sometimes families are unaware of the existence of a Will and this can lead to time-consuming searches. There are instances where family members discover the Will a year or two later.
You should also consider discussing the Will’s contents with your family to avoid potential disputes or objections during probate. Quite often, equalization arises when spouses feel they are entitled to more than their allocated percentage, while some children may believe they had contributed more to their parent’s well-being and should therefore receive a larger share.
If you do not have a Will, you should strongly consider making one.
Assets
Make a list of your assets and store it in a safe location for easy retrieval. The list of your assets should include, but are not limited to, bank accounts, shares and investments, personal effects, and real property.
Estate trustees and family members often encounter difficulties in locating assets. Contacting financial institutions and enquiring about potential assets and investments left by the deceased can be costly and again time-consuming.
Health
While some individuals may prefer to keep their health concerns private from their families, it is advisable to disclose them. This ensures that in the event of an emergency or sudden passing, their loved ones are not taken by surprise.
If you are hesitant to share this information with your family, at least confide in a trusted family friend and seek their support for the family when needed.
It is also wise to discuss your future healthcare needs and wishes, particularly when you may lose the ability to make decisions for yourself. If you do not have one, you should strongly consider establishing a power of attorney for personal care.
Funeral Arrangements and Burial
Have a family discussion regarding burial preferences. Families often experience emotional distress and confusion during the period immediately after a death and disagreements on this issue can lead to family discord. Leaving clear instructions will prevent this problem.
Legal Representation
It is advisable to retain a lawyer to advise you on Wills, probate and estate-related legal issues.
Casey and Moss is committed to providing quality service with respect to estate matters.
Roslyn Blackette
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
Oct 31, 2025
This is my first blog as a proud new lawyer at this fantastic firm, and I’ve decided to write about the role of financial institutions – banks in particular – in the early stages of estate litigation. The reason for this topic is in that this past year, banks have managed to play a big role in some of my and my colleagues’ files despite having no stake in the litigation.
I’ve created two scenarios, based upon these experiences, which will illustrate how banks can shape the early stages of estate litigation. My hope is that these scenarios can aid in understanding what banks may or may not do – which in turn, may help frame client expectations and inform early strategic decisions.
Scenario #1
Your client is the estate trustee and residue beneficiary of an estate. They have been acting for well over a year and have disposed of all the estate property and have distributed multiple cash legacies. All that remains is the residue. The accountant is waiting for a clearance certificate and anticipates no issues in that regard.
Your client decides to withdraw the residue now that everything appears OK.
When your client arrives at the bank, they are informed that the estate account has been frozen. The bank received a letter which indicated that ‘probate was being challenged’. The bank refuses to disclose any further information.
Your client calls you, obviously very concerned and stressed. They were really relying on this money. So, you contact the bank and they inform you of a few things:
- The letter did NOT enclose a court order, judgment, or writ authorizing the freeze.
- The letter was from a lawyer, who appeared to be representing a friend of the deceased.
- The friend was seeking to challenge the Will; however, they had not commenced proceedings of any kind.
- They refused to disclose the contact information of the lawyer until they obtained the other lawyer’s consent.
The authority that the bank was relying upon to freeze the account was the terms and conditions of their personal chequing accounts. As the estate account had formerly been a personal account, the estate account was bound to those terms. The terms allow the bank to unilaterally freeze accounts, without notice to account holders, if it is ‘unclear’ who the funds in the account belong to. The ‘freezing clause’ is a standard form term in all personal account agreements across the ‘Big 5’ Canadian banks.
You write a letter, demonstrating that your client is the only person with authority to act and arguing that the residue is held in trust for them, but the bank does not care. They advise that they ‘take no position’, and that they will be requiring either a court order or the consent of all parties, to unfreeze the account.
This is a paradoxical non-position: inert yet immensely prejudicial. Schrodinger would be proud.
To be fair to the bank and their policy, there is an obvious concern for liability. Yet the same terms that authorize the freeze also contain a waiver and indemnity, and where a bank obeys the authority of probate, who could realistically fault the bank for doing so?
Overall, this was a fantastic early victory for the Will challenger. Without going to Court, they’ve managed to obtain essentially a Mareva injunction. Where there is a risk of dissipation, parties should consider writing, at first instance, to all banks where the testator may have had accounts. The banks’ internal policies, terms, and conditions regarding personal accounts and estate accounts may result in a timely and effective freeze.
Scenario #2
Your client is a director and minority shareholder of a family business. The family business has been struggling with no business or activity in many months, but it remains the beneficiary of a sizeable life insurance policy insuring the life of your client’s father. Your client’s father was also a director and a majority shareholder of the family business. The father’s Will appoints your client’s brother as Estate Trustee. Your client and his brother are residue beneficiaries.
Your client’s father passes away, and the policy becomes payable. It is not technically an estate asset, although it benefits the family business to which both your client and his brother are entitled.
Unbeknownst to your client, the brother, who has yet to obtain probate, writes to the bank asking for the business accounts to be frozen based upon his authority as the named Estate Trustee and expressing concern that your client may steal company funds. The brother is highly suspicious and does not trust your client in the slightest. The brother believes that your client will abscond with the life insurance funds through his position as director/shareholder. The brother eventually intends to pursue legal action on behalf of the estate against your client and claims there is troubling evidence that your client has committed wrongdoing.
You help your client investigate and you later find out that the bank denied his brother’s demand. Their position was that as his brother was not an authorized signatory to the corporate accounts, the bank would not freeze the account without a Court order. It turns out that the terms and conditions of corporate accounts are much less draconian than personal accounts, and further, they impose a burden upon the corporate accountholder to ensure account security. When considering requests to freeze corporate accounts, it seems the banks rely solely upon who is an authorized signatory (and a handy waiver/indemnity).
Perhaps if the brother had probate, the bank would have listened. However, the challenger in Scenario #1 certainly did not have probate – and yet the bank still felt compelled to freeze the account.
I’m sure I will encounter more scenarios such as these in the future, where banks will influence the nature of litigation early on with profound consequences. Knowing that banks will take these types of ‘non-positions’ can help frame client expectations and encourage early action where it benefits client interests.
Matias Gutierrez
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
Oct 3, 2025
As the first point of contact for our firm, I receive numerous calls from potential clients seeking legal advice and assistance with respect to estates and wills.
The following are three commonly asked questions and answers to these questions:
1. Probate
Q: I am named as the executor and estate trustee in a Will. I am at a loss. Where do I start?
A: Reaching out for legal advice is the first step, which you have taken.
As an executor and estate trustee, you may have to probate the Will and obtain a Certificate of Appointment of Estate Trustee (CAET).
In a case where the deceased died intestate (without a Will), before you start an application for probate it is recommended that you check whether anyone else has already started a court application or has been issued a certificate. This can avoid an objection to your application.
It is also important to know the value of the estate and what makes up the estate, for example, real estate and personal assets.
You can apply for a Small Estate Certificate if the estate is valued at up to $150,000. If the estate is valued at more than $150,000, generally, you should apply for a Certificate of Appointment of Estate Trustee.
When applying for the CAET, you will need to supply the court with the following original documents:
- Probate Application for a Certificate
- Request to File an Application for a Certificate
- Draft Certificate
- Last Will and Testament of the deceased (if available) and Affidavit of Execution
- Original or notarized copy of the Proof of Death Certificate for the deceased
- Cheque for estate administration tax (also known as probate tax)
Within 180 calendar days of receiving the CAET, you must file an Estate Information Return (EIR), which lists the value of the deceased’s assets at the time of death with the Ministry of Finance.
(For further information on how to obtain assets from financial institutions, please see our blog of July 18, 2025 by Olesya Johnson).
2. Joint Accounts
Q: I held joint accounts with the deceased and the bank is asking for a probate certificate before they can release the money. Why?
A: Some joint accounts may or may not fall within the value of the estate.
A joint account with right of survivorship is an account held by two or more people where the surviving account holder(s) receive the funds upon the deceased’s death and generally does not need to go through probate.
In the case of joint spousal accounts, they typically fall outside the estate by right of survivorship.
However, in the case of joint accounts between parent and child, it could fall within the estate under the presumption of resulting trust. In this case, the bank may require the estate trustee to obtain a probate certificate before releasing the funds.
The testator’s intention as to whether the joint account is to be shared with other beneficiaries of the estate or simply pass directly to the survivor should be considered.
(For further information on joint accounts and the presumption of resulting trust, please see our blog of May 15, 2025 by Cara Zacks).
3. Delayed Distribution and Accounting of Estate Assets by Estate Trustee
Q: It is almost two years since the estate trustee obtained probate. The estate trustee has not made final distributions and is not providing any accounting information on the estate. What can I do?
A: An estate trustee can generally distribute the estate assets within a year. However, based on the complexities of the estate, it could take longer.
Once the estate has been administered, the estate trustee should pass their accounts to show that the estate assets are properly managed. This is called a “passing of accounts”. If the estate trustee fails to do so or refuses to provide information on the estate, any of the beneficiaries in the estate can retain a lawyer to make an application to the court to compel the estate trustee to pass accounts or have the estate trustee removed.
Roslyn Blackette
Nothing contained in this post constitutes legal advice or establishes a solicitor-client relationship. If you have any questions regarding your legal rights or legal obligations, you should consult a lawyer.
