Canada: Wills/ Intestacy/ Estate Planning

This article is part of a new series, Your Questions Answered, in which Ingrid Tsui, partner and leader of our Wills, Estates + Trusts Practice Group, answers your commonly asked questions about various wills...

Canadian census data indicates that blended families are more common than ever, and their numbers are rapidly increasing. It is not unusual for individuals to marry more than once and/or have several common-law relationships.

When a loved one passes away, many family caregivers wonder if they can be compensated for the time and effort they devoted to providing care. Ontario courts have established that while compensation is possible, it is far from automatic and often smaller than families anticipate. Understanding what factors courts consider and why many claims fail can help caregivers protect their rights and set realistic expectations.

In Ontario, a beneficiary under a will or an intestacy cannot be compelled to accept an inheritance or a gift. A beneficiary has the option of choosing whether to accept an inheritance, or alternatively, whether to not accept, or in legalese, to “disclaim” an inheritance.

BC Supreme Court considers Section 33 of WESA for the first time, granting an order vesting title to a spousal home in a surviving spouse and converting the interests of the other intestate heirs into registrable charges for later enforcement.

A Power of Attorney allows someone you trust to manage your financial and legal affairs when you cannot do so yourself.

The recent Québec Superior Court decision in Noël c. Birk (2026 QCCS 187) provides valuable insights into the distribution of estates that include registered assets, such as registered retirement income funds ("RRIFs").

It is not uncommon for executors to make surprising discoveries when administering an estate. Occasionally, that surprise comes in the form of coins hidden in a testator’s home. When a will contains a gift of household contents to one beneficiary and a gift of the residue of the estate to another, an immediate and important question arises: who is entitled to the coins?

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...