Estate planning involves the transfer of someone’s assets (e.g. property, money) when they die, as well as a variety of other personal matters. Wills, estates, trusts and power of attorney are all common tools used in estate planning. This section also contains information about family members who can’t take care of themselves.
A person’s will is a written document that sets out the person’s wishes about how his or her estate should be taken care of and distributed after death. It takes effect when the person dies.
An estate is the property that a person owns or has a legal interest in. The term is often used to describe the assets and liabilities left by a person after death.
A trust is created to hold property or assets for the benefit of a particular person called the beneficiary. It is managed by a person called a trustee, who has an obligation to deal with the property for the beneficiary of the trust. There are many different kinds of trusts.
When an estate application with a will has been filed with the Superior Court of Justice, you can contact the court office and request a copy of the person’s will. You will have to pay a fee to the court for the copy.
There are benefits from the federal government, which may be available to a surviving spouse and dependent children of a deceased person and to the deceased person’s estate
Inquiries about the status of an estate application that has been filed with the Superior Court of Justice should be directed to the Superior Court of Justice location where the application was filed.
The estate administration tax is calculated on the total value of the deceased’s estate. It is sworn/affirmed to on the application for a certificate of appointment of estate trustee under “Value of Assets of Estate”
If someone dies without a will in Ontario and the Office of the Public Guardian and Trustee is appointed by the Court as the estate trustee, any person claiming a share of the estate will have to prove they are entitled to inherit.
You should first contact the Superior Court of Justice in the county where your relative lived at the time of his or her death, to see if someone was appointed estate trustee.
You should contact a supplier of legal forms listed in the yellow pages. The forms can be viewed on the Rules for Civil Procedures Forms website, beginning with form 74.4. You will need to ensure that the form complies with the court rules regarding format.
The Public Guardian and Trustee plays a role in protecting mentally incapable people, protecting the public’s interest in charities, searching for heirs, investing perpetual care funds and dealing with dissolved corporations.
A power of attorney is a legal document, often referred to as a “POA”, that gives someone else the right to act on your behalf.
Many people believe their families will be able to step in if something happens and they cannot make decisions for themselves. This isn’t always true.
A power of attorney kit is a booklet containing forms for making power of attorney arrangements. By making powers of attorney, people can plan to make sure their wishes are carried out.
Visit your local Public Guardian and Trustee office, or
Call 416-213-8600 in Toronto, or 416-213-8601.
Yes. In Ontario there are three kinds of Power of Attorney:
Continuing Power of Attorney for Property
Power of Attorney for Personal Care
Non-continuing Power of Attorney for Property
More information on the types of power of attorney.
No one can make you sign a power of attorney if you don’t want to. But, if you don’t choose one, the government may have to appoint someone to make certain decisions for you if you become unable to make decisions yourself.
It’s better if you choose someone you feel you can really trust, who knows your wishes.