Wills Lawyers in Ottawa, Ontario

Ontario's will rules changed in 2022. Your will should keep up. Francis Lawyers specializes in wills and estates: three of our lawyers (J. Paul Francis, Marie-Luise Francis and Baljinder Kaur Basi) practise wills and estate planning, and the firm has prepared Ottawa wills since 1974. Every will is written for today's Ontario law and signed the way Ontario law requires.

Book a wills consultation · (613) 226-1011 · Monday to Friday, 9:00 a.m. to 5:00 p.m.

Your will and powers of attorney, planned together

A will decides who receives your property and who looks after your estate. It says nothing about who acts for you while you're alive but unable to act. That is the job of two powers of attorney: one for property (bank accounts, bills, investments, your home) and one for personal care (health care, housing and daily decisions). We prepare all three together so they work as one plan. We review them with you whenever your life changes.

Why Ottawa clients bring their wills to Francis Lawyers

• Expert wills advice, backed by five decades of practice. J. Paul Francis founded the firm in 1974 and still practises wills and estate administration; Marie-Luise Francis has been with the firm since 1988 and practises wills and estates.

• Trusts written into your will. Marie-Luise Francis's estates work includes testamentary trusts, in particular Henson trusts for beneficiaries with a disability.

• Family or property outside Canada. Partner Baljinder Kaur Basi practises wills and estate planning, including foreign powers of attorney (Sub-continent). She is also a solicitor in England and a member in good standing of the Law Society of England & Wales.

• Your language. You can work in French or German with Marie-Luise Francis, and in Punjabi or Hindi with Baljinder Kaur Basi.

• One firm for the life events around a will. Buying a home, starting a business, marriage or separation: our real estate, corporate and family lawyers work in the same office (real estate, business formation, separation agreements).

Your wills and estates lawyers

• J. Paul Francis, Counsel, founded Francis Lawyers in 1974. He prepares wills and trusts and guides clients through succession planning and estate administration.

• Marie-Luise Francis, Counsel, joined the firm in 1988. Her wills and estates work includes testamentary trusts, in particular Henson trusts for individuals under a disability. Services in English, French and German.

• Baljinder Kaur Basi, Partner, practises wills and estate planning, including foreign powers of attorney (Sub-continent). Services in English, Punjabi and Hindi.

• Farhad Mehr, Managing Partner, represents clients in estate litigation, including powers of attorney, passing of accounts, will challenges and guardianship applications.

Supported by Suzanne Lueders, Estates Clerk, with over four decades in the legal field (our clerks).

Book a wills consultation · (613) 226-1011

"We have worked with Francis Lawyers for over 25 years and have to say we are satisfied with what is delivered. They have a team of lawyers for all ranges of professional legal work and are great in all areas from creating contracts, to purchasing or selling of commercial and residential real-estate as well as creating wills and estate planning. A legal team that caters for all your needs and advises you the right way." G.B., client testimonial, francislawyers.ca/testimonials

"Paul Francis took excellent care of me in a very scary situation. I had been very ill, not able to work and nearly lost my house due to the time it took to get well. He was very professional and gave me a hand up. Not many lawyers are up to his and his company’s standards. He does everything well and with an old world style and accuracy, with superior attention to detail. He really saved me by going over and above. He himself went to the bank to save me hundreds in fees, that he wanted to help me to avoid paying. The team members work like a well oiled machine, showing compassion, professionalism, warmth, and understanding. Paul and his family and staff are first rate. I have had the pleasure of using Paul Francis Lawyers services and I would refer this Law Office without hesitation and with respect and gratitude." N.M., client testimonial, francislawyers.ca/testimonials

A Will Tailored to Your Family

No two estates are alike. We regularly prepare:

• first wills and powers of attorney for young families, including choosing guardians for minor children;

• updated wills after marriage, separation, divorce, a new child or grandchild, or a move;

• wills with testamentary trusts: for minors, for a surviving spouse, for education, for young adults, and Henson trusts for beneficiaries with a disability;

• plans for business owners, including succession planning (J. Paul Francis);

• plans for clients with property or family in another province or country, including powers of attorney for use abroad (Baljinder Kaur Basi); and

• multiple-will plans where they can lawfully reduce Estate Administration Tax (see below).

How it works

1. Call or send a short inquiry. Please don't include confidential details in the form. We check for conflicts and confirm we can help.

2. Consultation. We ask about your family, what you own and your wishes.

3. Plain-language drafts. You receive drafts of your will and both powers of attorney, and we explain every clause.

4. Signing, witnessed properly. We arrange the two witnesses Ontario law requires. You can sign in our office, or by video where Ontario's remote-witnessing rules allow it.

5. Safekeeping and reviews. We recommend a review after every major life event.

Ontario will rules in 2026

Changes to a Will

From time to time, it is important to review the document to be sure everything is current. Things that can affect the distribution include:

• Marriage, separation, or divorce

• Birth of a child or grandchild

• Death of an executor, trustee, beneficiary, custodian, or guardian

• Significant change in assets

• Change of residency or citizenship

There are two ways to change a will. The first is a Codicil. That is a legal term for an amendment to the will. If the changes are numerous or complex, it is better to simply execute an entirely new will.

If you need help from our wills and estate lawyer, contact Francis Lawyers!

Signing and witnessing

An Ontario will must be in writing. A typed will is signed at the end in front of two witnesses who are present at the same time. Witnessing can happen by live video if at least one witness is a lawyer or paralegal licensed by the Law Society of Ontario. A will written entirely in your own handwriting and signed by you (a holograph will) needs no witnesses. Choose your witnesses carefully. A gift to a witness, or to a witness's spouse, is generally void.

Marriage, separation and divorce

• Marriage no longer cancels a will. Since January 1, 2022, marrying in Ontario doesn't revoke an existing will. The change isn't retroactive: a marriage before 2022 generally revoked a will made before that marriage.

• Separation can now affect your will. For separations on or after January 1, 2022, a separated spouse can be treated as if they died before you, for gifts and appointments in your will, if certain conditions are met.

• Divorce revokes gifts to, and appointments of, a former spouse unless the will says otherwise.

• No will? Ontario's intestacy rules decide who inherits, in a fixed order. If there are children, a surviving married spouse receives the first $350,000 (the "preferential share") before the rest is divided; with no children, the spouse generally receives everything. Friends, charities and unmarried partners receive nothing under these rules.

Multiple Wills

There is a tax planning strategy often used to reduce the amount of estate administration tax. The Executor must acquire a Certificate of Appointment of an Estate Trustee with a Will ("Certificate of Appointment") before they can deal with the estate's assets.

Multiple wills are used to divide the estate into "good assets" and "bad assets". The "good" assets include personal property and shares in a private company and these assets are all covered under one will. The "bad" assets include real property and certain investment accounts. These are included in a separate will and are those for which a Certificate of Appointment is necessary. So, the estate administration tax is payable only under the will covered by the Certificate of Appointment, or the "bad assets".

For estate certificates applied for on or after January 1, 2020, there is no Estate Administration Tax on the first $50,000 of an estate's value; the rest is taxed at $15 for each $1,000 (or part of $1,000). For example, an estate valued at $500,000 would pay $6,750. The tax applies only if an estate certificate is applied for. See ontario.ca/page/estate-administration-tax for details. Estate Administration Tax is often called "probate tax", and before any planning, an estate valued at $1.5 million would pay $21,750.

When considering the use of multiple wills, you need to consider the costs of additional legal fees to the estate, plus additional administrative fees during the processing of the estate. Be sure to get professional advice from our lawyers at Francis Lawyers and put pencil to paper to see if this strategy is really beneficial in your circumstances. Also realize that if multiple wills are not written properly, there can be serious consequences not originally intended. Sometimes a portion of the property can be deemed intestate.

Contact our office for wills and estate advice.

Parts of a Will

The most recent will prevails, but it is common practice that there is a statement explicitly revoking all previous wills and Codicils. A Codicil is an amendment to the original will.

Appointment of Executor and Trustee

The testator names Executors, also referred to as Estate Trustee, and Trustees. The Executor is the person who carries out the terms of the will. A Trustee is the one who manages any trusts established by the will. Frequently the Executor and Trustee are the same people, but they don't have to be. Sometimes they are not people at all, but a company or bank.

Bequests and Devises

A Bequest or a Legacy is a gift set out in the will. It can be money, jewelry, or any property. Usually, it is given only if the beneficiary is still living. If the beneficiary has died before the Testator, then the bequest becomes part of the whole estate. A devise is a gift of real property (land) and, again, normally it will become a part of the entire estate if the beneficiary predeceased the Testator. However, under Ontario's Succession Law Reform Act, if the beneficiary was your child, grandchild, brother or sister and left a spouse or descendants who survive you, the gift generally passes instead to the people who would inherit that beneficiary's own estate if they had died without a will, unless your will says otherwise. Naming an alternate beneficiary avoids the uncertainty.

Predeceased the Testator

Practical advice about bequests is that they be only significant property, usually having a sentimental value. If there are lots of Bequests, there can be much confusion, especially if the particular piece is no longer owned at the time of death. It is better to prepare a Memorandum of Wishes or a Memorandum of Direction. This is a separate document that is stored with the will that lists all those specific distributions. While it is not binding, it is a guide for the Executor.

Residue

The "residue" is everything that is left after all debts, expenses, taxes and fees are paid and all Bequests have been distributed. The will names those beneficiaries who are entitled to a share. The shares are usually named in percentages or portions. If for some reason the residue is not specified, it will be distributed according to the Rules of Intestacy.

Guardians of minor children

The Testator may appoint a Custodian for minor children and a Guardian of the child's property. However, these appointments are only effective for 90 days. The Custodian(s) and Guardian(s) have to apply to the Court for permanent appointment. The Court will consider all the circumstances and will rule in the best interests of the child. Since March 1, 2021, Ontario law calls custody "decision-making responsibility", so in your will you name the person you want to have decision-making responsibility for your minor children.

Trusts

A Trust is the legal ownership of property that a Trustee cares for and manages for the beneficiaries. Established under a will, the testator gives property to a beneficiary but limits how the beneficiary may use the property. Commonly Testamentary Trusts are established for:

• Maintenance and education of minors

• Maintenance of a spouse during lifetime and then to whom the funds are distributed afterward

• Tax planning

• Education of children or grandchildren

• Property left to young adults or spendthrifts.

• A beneficiary with a disability (a Henson trust).

As a firm that specializes in wills and estates in Ottawa, Francis Lawyers offers legal advice for drafting trusts in your will, and advice on how to manage the trust property. See Trusts.

Contact us and talk to one of our Ottawa lawyers.

Powers of attorney: the other half of your plan

• Power of attorney for property: your attorney can pay bills, manage investments and maintain or sell your home. Unless the document says otherwise, it can be used as soon as it's signed, so the wording matters.

• Power of attorney for personal care: your attorney makes health care, housing and daily-life decisions if you can't.

• Without a power of attorney for property, your family, including your spouse, can't automatically manage your finances. They may need to go to court.

• You must be mentally capable and at least 18 (property) or 16 (personal care).

• Ontario's land registry won't accept a power of attorney that contains personal information such as ID or bank details. We draft with that in mind. More detail: Powers of Attorney · Estate Administration · Estate Planning

Frequently asked questions

Do I need a lawyer to make a will in Ontario? No law requires one. Ontario accepts a will written entirely in your own handwriting and signed by you, or a typed will signed in front of two witnesses. A lawyer makes sure the will is signed and witnessed correctly, that the wording does what you intend, and that it fits your family, your property and your taxes.

I got married. Is my old will still valid? If you married on or after January 1, 2022, marriage alone did not revoke your will. If you married before then, a will made before the marriage was generally revoked by it. Either way, review your will after you marry.

Can I sign my will by video? Yes. Ontario allows will witnessing by live video if at least one of the two witnesses is a lawyer or paralegal licensed by the Law Society of Ontario.

How much is Estate Administration Tax in Ontario? There is no tax on the first $50,000 of an estate's value and $15 for every $1,000, or part of $1,000, above that. A $500,000 estate pays $6,750. The tax applies only if an estate certificate is applied for.

When does a power of attorney for property start? Unless the document says otherwise, your attorney for property can act as soon as it is signed. If you want it to apply only if you become mentally incapable, the document must say so.

What should I bring to my first wills meeting? A list of what you own and owe (approximate values are fine), names and contact details of the people you want to name, any existing will or powers of attorney, and any marriage contract or separation agreement.

Book a wills consultation

Make your plan with a firm Ottawa families have relied on since 1974. We have the necessary experience to help you with everything you need. Call (613) 226-1011 or send a short inquiry below. Lawyers at Francis Mehr LLP are licensed by the Law Society of Ontario. Book a wills consultation

Form notice: Please don't include confidential details. Sending this form doesn't create a lawyer-client relationship.

Disclaimer: This page provides general information about Ontario law as of October 10, 2026. It is not legal advice and does not create a lawyer-client relationship. Testimonials reflect individual clients' experiences and are not a guarantee of any result. Written by the lawyers of Francis Mehr LLP, licensed by the Law Society of Ontario. Francis Mehr LLP (Francis Lawyers) · 1390 Clyde Ave, Suite 200, Ottawa, ON K2G 3H9 · (613) 226-1011