A wills and estates lawyer helps you plan for what happens to your property and your care if you die or cannot make decisions for yourself, and helps families settle an estate after a death. That includes wills, powers of attorney, trusts, probate and disputes over an estate.
When to speak to a wills and estates lawyer
- You do not have a will, or yours is out of date after a marriage, separation, birth or move.
- You want someone you trust to manage your money or health decisions if you become unable to.
- You have been named an executor and are not sure what the role involves.
- You have a family business, property in more than one province or country, or a blended family.
- You think a will is invalid, or you were left out of one and want to understand your options.
What a wills and estates lawyer does
- Drafts wills and powers of attorney that fit your family and your province's rules.
- Explains what happens if you die without a will.
- Guides an executor through the court process, where one is needed, and through paying debts and distributing assets.
- Sets up trusts and plans for children, family members with disabilities and blended families.
- Acts in estate disputes, including claims that a will is invalid or that a family member was unfairly left out.
How the rules differ across Canada
Rules on signing, witnessing and challenging wills are provincial, and the court process after a death goes by different names: probate in most provinces, and a verification process in Quebec, where notarial wills are common. Powers of attorney and personal directives also have different names and requirements, so a document prepared for one province may not work in another.
Questions to ask before you hire a wills and estates lawyer
- Do you handle both planning and settling estates?
- What documents will I need, and how often should I update them?
- What is the fee for a will and a power of attorney, and what does it include?
- Where will the originals be stored?
Frequently asked questions
Is a will the same as a power of attorney?
No. A will takes effect after you die and says who inherits and who administers your estate. A power of attorney lets someone you choose manage your finances while you are alive but unable to act, and health decisions are usually covered by a separate document.
What happens if someone dies without a will?
Provincial law decides who inherits, and a court appoints an administrator. The result may not match what the person would have wanted, and it can be slower and more costly for the family.
Do I need a lawyer to make a will?
Not always, but a lawyer can make sure the will meets your province's formal requirements and avoid mistakes that cause disputes later, which matters when your situation is more than simple.
How do I find a wills and estates lawyer near me?
Choose your province or city on this page to see the wills and estates firms LawDB lists there, with their public Google ratings, addresses and phone numbers.