Understanding Wills

This is general information and should not be interpreted as legal advice. Contact a family law lawyer to understand your rights and obligations.

Planning for the future isn’t always easy to think about, but creating a Will is one of the most important steps you can take to protect your family and your assets. At Majoka Law, we help Ontarians navigate the legal requirements of Wills, ensuring your wishes are respected and your loved ones are provided for.

Why Wills Matter in Ontario Family Law

A Will is more than just a piece of paper, it’s a legal document that outlines how your property, assets, and responsibilities should be handled after your death. In Ontario, having a valid Will is particularly important for families because it can:

Provide for Spouses and Children

Under Ontario’s Family Law Act, spouses are entitled to an equalization of net family property upon separation or death. A Will can help clarify your intentions and minimize disputes. Dependent children also have the right to claim support from an estate if their needs are not adequately met.

Appoint Guardians for Minor Children

If you have children under 18, your Will is the place to designate a legal guardian. This ensures your children are cared for by someone you trust rather than leaving the decision to the courts.

Handle Property and Assets

Wills allow you to specify how your property, bank accounts, real estate, investments, and personal items, will be distributed. Without a Will, Ontario’s intestacy rules dictate asset distribution, which may not align with your wishes.

Protect Common-Law Partners

In Ontario, common-law partners do not automatically inherit from a Will unless explicitly named. Including your partner in your Will is essential to ensure they are provided for.

How Common Are Estate and Family Law Issues in Ontario?

Family law matters often intersect with Wills and estates. Some Ontario-specific insights:

• In Ontario, the Superior Court of Justice handles thousands of Wills and estates matters each year, many of which involve disputes over asset division and guardianship.

• Research shows that over 50% of Canadians do not have a valid Will, leaving families vulnerable to lengthy court processes.

• Cases like Dunmore v. Mehralian (2025) highlight the importance of clear documentation for guardianship decisions and asset distribution in Ontario family law contexts.

Tips for a Valid Will in Ontario

To make sure your Will is legally sound in Ontario:

• Written Document: Your Will must be in writing, typed or handwritten.

• Witnesses: It must be signed in the presence of at least two witnesses who are not beneficiaries.

• Mental Capacity: You must understand the nature and effect of your Will.

• Regular Updates: Review your Will after major life events like marriage, divorce, births, or deaths.

Seeking Legal Support

Creating a Will is not just about dividing assets, it’s about protecting your family’s future. A clear, updated Will can provide peace of mind and prevent legal conflicts after you’re gone. At Majoka Law, we guide Ontarians through the process, ensuring your Will reflects your wishes, complies with Ontario law, and protects your loved ones.