Protecting What Matters: How Lawyer-Assisted Wills Make a Difference in Ontario PART 2

Cover Your Legal Responsibilities to Dependants

You cannot ignore your legal responsibilities in your wills. You are obligated to comply with Ontario’s family and estate laws to support your dependants.

How do you know who is a dependant in Ontario? And how can you determine what is adequate support for dependants?

You also need legal advice to ensure that any promises you made can be legally enforced in Ontario.

Your legal obligations, if not met by your estate, can lead to trouble. If you have a prior relationship and made promises, they can be legally enforced in court.

How can you identify these obligations without legal advice?

The definition of a dependant is a legal one specific to Ontario. Lawyers who are unfamiliar with the way dependants are defined and supported by law may not anticipate problems.

If a dependent makes a claim for support from your estate, your estate is frozen. It cannot be distributed until the dependant’s claims are resolved. This may require all of your beneficiaries to wait years until mediation or a court resolution is obtained.

Powers of Attorney for Estate Planning

Estate planning includes not only preparing a will but powers of attorney for property and for personal care. Lawyers can help clarify language in these documents to avoid ambiguity. This avoids disputes or court interpretation of your legal documents.

Lawyers can advise you if there is a potential conflict of interest in your chosen attorney. They can assist you in choosing the right attorney to manage your property if you are unable.

Planning can avoid problems with noncompliance with Ontario laws. Do you want your attorneys to make gifts to charities or relatives? And should such provisions be included in your powers of attorney?

Estate planning costs money and can be time-consuming. You want to make this investment for your loved ones and for your own peace of mind.

Without a will as a cornerstone of your estate plan, the government may make decisions about who shares in your estate and who is in charge. Not everything will go to your spouse if you have children and no will.

The government will not provide for your community or charitable causes and you’ll pay the maximum in provincial estate and federal income taxes. The net result is less is left for your beneficiaries.

Wills require you to comply with formal signing requirements. Mistakes made while signing wills can invalidate them. Most people have difficulty filling out basic forms. That is why you should invest in having a lawyer prepare your estate plan and will – to guide you on the requirements in your province, to reduce taxes, to avoid court cases and to maximize benefits to your loved ones.

Many years ago, I wrote Estate Planning in Six Simple Steps, a Canadian estate planning book.

Times may have changed but AI or Alexa cannot provide legal advice to prepare a valid Ontario will.

Do you need help making your will? Want to get started but not sure what’s involved? I understand and can help you. Contact me for a meeting.

I am a Certified Estate Specialist.

Posted In: Estates, Wills On: May 27th, 2025

“I want to thank Ed and his firm for getting me through a very difficult time. He was recommended to me by another lawyer and I am grateful for that recommendation. Ed kept me grounded, listened to me, counseled me and supported me. I do so appreciate that. And he is worth every penny. Thank you!” - Claudia R, Toronto

“Thank you for your professional advice and lawyering while I was planning my will, all accompanied with your patience and a sense of humour.” - Valerie G, Toronto

“Ed is a "straight shooter" who tells it like it is and helps you make the best possible decisions in your circumstances. I've personally seen the "magic" he can work in an estate and recommend him without reservation to anyone who wants an iron clad will or estate advice and management that saves money, frayed nerves and friendships.” - Jim R, Burlington

I have used Edward Olkovich for my own Will and I was the executor of my Brother-in-law’s will. My brother-in-law had a terminal illness and Edward had us devise his Will to minimize taxes and problems. Ed is located locally @ Jane and Bloor. He was very knowledgeable, friendly and thorough and has written many books on the subject. - Belinda M, Toronto

Ed is a thorough, responsive estates lawyer who I would recommend to anyone when needing a will or dealing with estate issues. - Eva S, Toronto

Dear Ed and “Team Olkovich” “Thank you for your knowledge, expertise and hard work to make our executor duties (almost) stress-free. Will miss the laughs and stories you tell so well. All our appreciation always!” - Pat, Dave & John, Toronto

Dear Ed, Thank you for all your wisdom and kindness throughout the process of settling Ann’s Estate. - Cheryl, Toronto

“The easiest professional I had to deal with to settle my parents’ needs was Ed. I told him what we needed. He was gracious with his advice and help - without delaying matters.” - Iain N., Toronto

“Magic! The guy knows magic!” - Steve G., Toronto

“In the land of estate law, Ed is King.” - Cheryl W., Toronto