By: Amanda Willing Summary: Many people believe their will is the most important estate planning document. In reality, a will only takes effect after death. A power of attorney protects you while you are alive if you become unable to manage your finances or make personal decisions. Without one, your loved ones may need to go through a court process just to help you. Estate Planning Is Not Only About Death When people think about estate planning, they usually focus on writing

By: Amanda Willing Summary: A Significant Shift in an Estate Plan In Schickedanz v. Schickedanz, 2026 ONCA 191, a handwritten codicil dramatically changed an existing will. Instead of dividing assets equally among five children, the codicil left a $20 million farm to one daughter. This unexpected change led to a legal challenge by the four sons, who questioned whether their mother truly intended—and understood—the shift. How the Courts Approached the Issue Both the trial cour

By: Amanda Willing Summary: A spousal trust is an estate planning tool that allows one spouse to financially support their surviving spouse while maintaining control over how assets are ultimately distributed. Instead of leaving assets directly to a spouse, they are placed in a trust and managed for the spouse’s benefit during their lifetime. After the spouse passes away, the remaining assets go to beneficiaries chosen by the person who created the trust. Spousal trusts are o

by: Amanda Willing Summary: Many married couples assume that if one spouse passes away, everything will automatically transfer to the surviving spouse. While that may sometimes happen, it is not guaranteed, and relying on assumptions can create significant legal and financial complications for your family. Having a properly drafted will remains one of the most important estate planning steps — even for married couples. What Happens If You Die Without a Will in Ontario? If a p

By: Amanda Willing Summary: In Ontario, business owners and professionals who hold shares in a privately held Canadian corporation—including realtors operating through a Personal Real Estate Corporation (PREC)—can significantly reduce probate fees and streamline estate administration by using a Secondary Will. If you own shares in a privately held corporation, a Secondary Will is one of the most effective ways to safeguard your business and your family. Contact Willing Law to

By: Amanda Willing Summary: Life moves fast — and your Will needs to keep up. Whether you’ve just said “I do,” gone through a separation, or welcomed a new child, these milestones can change how your estate is handled in ways many people don’t realize. With Ontario’s new rules around marriage and Wills, keeping your estate plan current is more important than ever. Here’s what you need to know about updating your Will after marriage, divorce, or children — and why a quick revi

By: Amanda Willing Summary: Many people believe wills are only necessary later in life, but that’s far from true. If you’re under 40, having a will ensures your assets are protected, your loved ones are cared for, and your wishes are respected — no matter what happens. From naming guardians to simplifying the legal process, a will is an essential part of responsible adulting. Many people think wills are only for the elderly or the wealthy. In reality, a will is one of the mos

By: Amanda Willing Summary: Learn the difference between per stirpes and per capita estate distribution in your will. Willing Law explains these common estate planning terms in plain language so you can make informed decisions about your legacy. What Do “Per Stirpes” and “Per Capita” Mean in a Will? When planning your estate, you’ll often come across legal terms like per stirpes and per capita. These Latin phrases determine how your assets are divided among your beneficia