Estate Planning in Hamilton & Ancaster

Estate planning is the set of legal documents that decide who receives your assets, who manages your affairs, and who makes decisions for you if you cannot. At Filice Law in Ancaster, we prepare wills, powers of attorney and trusts for individuals, couples and families across Hamilton, Ancaster, Dundas, Stoney Creek and Burlington. Pat Filice has practised law for more than 25 years.

What happens if you die without a will in Ontario?

If you die without a valid will, Ontario’s Succession Law Reform Act decides who inherits, in a fixed order based on your spouse and relatives. That order may not match your wishes. A common-law partner is not entitled to a share under it, a blended family can end up with results nobody intended, and a court, not you, decides who looks after young children. A current will removes that guesswork.

What a complete estate plan includes

• Last will and testament. Your will names your executor (the estate trustee), says who inherits, and can name guardians for minor children.
• Power of attorney for property. This document lets someone you trust manage your finances and property if you become unable to, so bills are paid and your affairs do not stall.
• Power of attorney for personal care. This lets someone you trust make health care and personal care decisions if you cannot. Your wishes about treatment can be recorded alongside it, so your family is not left guessing.
• Trusts, where they fit. A trust can protect assets, provide for a child or a family member with a disability, and sometimes reduce probate costs. See below.

Trusts and advanced estate planning

Most people need a will and two powers of attorney. Some situations call for more:

• Testamentary trusts are set up in your will, for example to hold money for young children until they reach an age you choose.
• Henson trusts let a family member who receives Ontario Disability Support Program (ODSP) benefits inherit without losing eligibility.
• Inter vivos (living) trusts are created during your lifetime and can manage assets for family members or a family business.
• Alter ego trusts are available to people aged 65 and over and can keep assets out of the probate process.
• Multiple wills use separate wills for assets that need probate and assets that do not, such as private company shares, which can lower probate costs.

Who we help

Estate planning is not only for the wealthy. We regularly work with:

• single people with no spouse or children
• new couples and growing families
• blended families and second marriages
• business owners planning for succession
• parents of a child with a disability
• anyone who wants tax-aware planning and trusts

How it works: our 9-step process

1. Get started. Book your free 15-minute Peace of Mind Planning Session online.
2. The Peace of Mind Planning Session. Get answers to your questions about your estate.
3. Hire us. Choose your plan and make payment so we can start on your planning documents.
4. The intake process. We gather information about your assets, family and beneficiaries, through a digital intake or on paper, whichever you prefer.
5. The design meeting. Meet with your estate lawyer to design a will and estate plan customized for you and your family.
6. Drafting. With your asset and beneficiary information and your instructions, we draft your documents.
7. Client review. We send you the drafts to review and comment on, so you see exactly how your documents will look and can ask questions or request changes.
8. Follow-up meeting (optional). If you need significant changes, or have a change of heart, we meet to adjust the plan.
9. Signing meeting. With the final documents ready, we meet in person or by Zoom to sign.

Estate planning for Hamilton, Ancaster and the surrounding area

We serve clients throughout Hamilton, Ancaster, Dundas, Stoney Creek and Burlington, and we can work with clients elsewhere in Ontario by phone and Zoom. Clients choose us for clear explanations, prompt answers and fees that make sense.

Estate planning questions we hear most

Do I need a lawyer to make a will in Ontario?

The law does not require one, but a will must meet strict rules: it has to be in writing, signed by you, and witnessed by two people. Homemade wills often fail on a technicality or leave unclear instructions. A lawyer makes sure the will is valid and does what you intend.

What is the difference between a will and a power of attorney?

A will takes effect after you die and covers who inherits and who administers your estate. A power of attorney takes effect during your life, if you cannot manage your own affairs, and names someone to handle your finances (property) or your health and personal care decisions.

How often should I update my estate plan?

Review your plan every few years and after any major change: marriage, separation or divorce, a new child, the death of an executor or beneficiary, buying or selling a home or business. In Ontario, getting married generally cancels an existing will unless it was made in contemplation of that marriage.

What is probate, and does every estate need it?

Probate is the court process that confirms your executor’s authority, formally called a Certificate of Appointment of Estate Trustee. Not every estate needs it. Assets held jointly with a right of survivorship, or with a named beneficiary, often pass without probate, while a home in your sole name usually requires it. Ontario charges Estate Administration Tax based on the value of the estate.

Can I use a will kit or write my own will?

Yes, if it is signed and witnessed correctly. The risks are errors, gaps and disputes that cost your family far more than proper drafting would have. If you want to prepare your own notes first, bring them to us for review. We explain the trade-offs in Do-It-Yourself Estate Management in Ontario.

Who should I name as my executor?

Choose someone trustworthy, organized and willing to take on the role, and name a backup in case they cannot act. The executor (estate trustee) collects your assets, pays debts and taxes, and distributes what remains. It is a significant job, so ask the person before you name them.

Related articles

• What Is a Power of Attorney and Why Do I Need One?
• Why Would Someone Draft Two Wills?
• Alter Ego Trust vs. a Will
• Don’t Make These 4 Mistakes When Making a Will
• Is It Time to Update Your Estate Plan?
• Blended Families and Estate Planning
• Divorce and Estate Planning: What You Need to Know