Estates Law
Practice area lead: Debbie Bellinger
Navigating estates law can feel overwhelming, especially when planning for the future or managing the loss of a loved one. Our team is here to guide you through each step with compassion and practical advice.
Estate Planning
Estate planning refers to creating documents such as your Will and Powers of Attorney, organizing your affairs, and making decisions about how you want your assets and personal care handled.
Estate Administration
This area involved managing someone’s estate after they pass away, including locating and distributing assets, paying debts, filing taxes, and making sure their wishes are honoured.
Estate Litigation
Litigation means disputes about Wills, trusts, or how an estate is being managed whether between family members, beneficiaries, executors, or others. This area also refers to power of Attorney abuse, when someone is taking advantage of another person while they are incapable of making their own financial or health decisions.
How we support
Estate planning is about making decisions now so your wishes are respected later. A well-crafted Will and properly prepared Powers of Attorney give you control over what happens to your property, finances, and personal care. It can also help reduce stress for your loved ones during difficult times.
Many people put off creating a Will because they feel they need to have “everything organized” first. In reality, that’s what we’re here to help with. You don’t need to have every detail figured out before you start. Our team will guide you through the questions, options, and decisions in a way that feels manageable.
Our team at Nelligan Law offers fixed pricing for simple estate planning, which includes a Will and Powers of Attorney:
- $1,450 for an individual
- $1,750 for a couple
How we help with all aspects of Estate planning:
- Wills – Setting out how your assets are to be distributed.
- Powers of Attorney – Appointing someone to make financial or personal care decisions if you cannot.
- Planning for Complex Situations – Including blended families, business ownership, multiple properties, or unique family needs.
- Trusts – For minors, dependants with disabilities, long-term planning, or tax-efficient management of assets.
- Reviewing & Updating Documents – Ensuring your plans stay current as your life evolves.
Thoughtful planning can prevent disputes, provide clarity for your loved ones, and ensure your wishes are legally enforceable. Our role is to help you understand your options and create documents that reflect what matters most to you.
Estate administration is the process of settling someone’s affairs after they pass away. This includes identifying assets, paying debts, filing taxes, and distributing what remains according to the Will. Or, if there is no Will, taking these steps according to Ontario law.
This can be a complex and time-consuming process, especially during a difficult time. We provide practical support to executors, estate trustees, and families.
How We Help
- Applying for probate (Certificate of Appointment of Estate Trustee)
This means getting legal approval from the court so the executor has the authority to manage and distribute the estate. - Identifying, gathering, and valuing assets
This involves locating everything the person owned like bank accounts, property, investments, and personal items, and determining their value. - Paying outstanding debts and final taxes
Before anything can be distributed, the estate must pay off any bills, loans, and the final income tax return. - Handling estates with or without a Will
Whether there is a valid Will or not, the estate must be settled according to Ontario law, which outlines the steps to follow in each situation. - Distributing assets to beneficiaries
This means giving property or money to the people or organizations named in the Will, or, if there is no Will, to the people entitled under Ontario’s intestacy rules. - Advising estate trustees on duties, responsibilities, and record keeping
Executors must follow specific legal rules, keep clear records, and act in the estate’s best interest; we help them understand and carry out these duties properly. - Assisting with Passing of Accounts
This is the formal process of showing the court or beneficiaries how the estate’s money was handled, including receipts, expenses, and distributions. - Providing ongoing legal guidance as issues arise
As questions or challenges come up during administration, we offer advice to help executors make informed, compliant decisions. - Support for Executors
Being an executor is an important role with legal responsibilities. We help you understand what’s required, meet deadlines, and complete tasks properly.
Estate disputes can be emotionally difficult and legally complex. Conflicts may arise because of concerns about the Will itself, how the estate is being managed, or disagreements among beneficiaries.
We provide our clients clear advice on how to resolve estate disputes as efficiently and respectfully as possible.
Common estate disputes we can help with:
- Challenges to a Will’s validity (capacity, undue influence, improper execution)
This happens when someone believes the person who made the Will didn’t understand what they were signing, was pressured by someone else, or the Will wasn’t signed properly. - Disagreements among beneficiaries
This includes situations where family members or beneficiaries don’t agree on how the estate should be divided or how certain decisions should be made. - Concerns about executor or trustee conduct
These disputes arise when someone believes the executor isn’t doing their job properly. For example, not communicating, delaying the process, or mishandling estate funds. - Interpretation issues when a Will is unclear
This occurs when the wording in the Will is confusing or incomplete, and people disagree about what the person who passed away intended. - Disputes in estates without a Will
When someone dies without a Will, the law decides who gets what, which can lead to disagreements among family members about fairness or entitlement. - Passing of accounts and disclosure issues
These involve concerns about the executor’s financial record-keeping, including whether they have provided proper documentation showing how money and assets were managed
Our Approach
We aim to:
- explain your options clearly
- address issues early when possible
- explore negotiation or mediation before court
- represent you in court when needed
We understand how personal these matters can be and work carefully to support your goals.
Frequently Asked Questions About Estates Law
How much does a Will cost?
For simple estate planning, including a Will and Powers of Attorney, we offer fixed pricing:
- $1,450 for an individual
- $1,750 for a couple
If your situation is more complex, for example, involving multiple properties, business ownership, or blended family considerations, will explain the fee structure before any work begins.
What does Power of Attorney mean?
A Power of Attorney gives someone you trust authority to make decisions for you if you can’t. In Ontario, there are two types:
- Property – financial decisions
- Personal Care – health and personal decisions
When should I get a Will?
It’s wise to have a Will once you:
- own property
- have children
- get married or separated
- start a business
- experience a major life change
Most people benefit from having a Will earlier than they expect.
Do I need a lawyer to make a Will?
Not legally — but homemade or online Wills often contain mistakes that lead to confusion or disputes. A lawyer ensures your Will is valid, enforceable, and aligned with Ontario law.
What happens if someone dies without
a Will?
Ontario law decides who administers the estate and how the assets are distributed. The process can take longer and sometimes creates unnecessary conflict. We help families understand the legal steps and navigate the process.
What are an executor’s responsibilities?
Executors manage the estate, which may include finding the Will, applying for probate, paying debts and taxes, communicating with beneficiaries, and distributing assets. Because executors can be held legally responsible for mistakes, many choose to get legal advice.
How long does estate administration take?
It depends on the size of the estate, the types of assets involved, whether probate is needed, and any tax or dispute issues. Many estates take several months to a year to administer.
What reasons do people have for
challenging a Will?
Common reasons include concerns about the person’s mental capacity, pressure or influence from someone else, unclear instructions, or mistakes in how the Will was prepared or signed.
Do all estate disputes end up in court?
No. Many disputes are resolved through negotiation or mediation. Court is typically a last resort. We help clients explore resolution paths that are efficient, respectful, and appropriate for their situation.
