Will Questionaire – The One Day Will

Primary Will Questionnaire

This questionnaire is confidential. Your answers are stored securely and used solely to prepare your draft Will, which will subsequently be reviewed with you by an independent licensed lawyer in the province of Ontario. Please review our Privacy Policy for details on how your information is collected, used, and protected.

1About You

2Your People

3Your Assets

4Executor & Trustee

5Guardianship

6Your Asset Wishes

7Residue

8Special Situations

9Administrative Matters

10Probate Planning

11Signing

SECTION 1 — ABOUT YOU

Please provide your personal information. All information in this section will be saved to your ZipFields vault.

Important — Please Read

The One Day Will is a technology platform. It is not a law firm and does not provide legal advice. The lawyer-client relationship is formed solely between you and the licensed Ontario lawyer assigned to your file. Solicitor-client privilege attaches to communications between you and your lawyer only — not to your interactions with this platform. Nothing on this platform constitutes legal advice.

Initials — I acknowledge that The One Day Will is not a law firm and that no solicitor-client relationship is created by my use of this platform(Required)

Agreement(Required)

I have read and agree to the Privacy Policy and Terms of Use of The One Day Will

1.1 Full Legal Name

Prefix First Last Suffix

Enter your full legal name exactly as it appears on your government-issued ID.

1.2 Are you known by any other name or nickname?

Yes

1.3 Other name or nickname

1.4 Date of Birth

MM slash DD slash YYYY

1.5 Are you currently resident in Canada?

Yes

Click all that apply

I own real estate in Ontario

I have bank accounts or investments in Ontario

I have a business interest in Ontario

I am temporarily living outside Canada and plan to return

I am a Canadian citizen living abroad with Ontario ties

If none of the above apply to your situation, please contact us before proceeding.

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1.6 City

1.7 Province

1.8 Marital Status

1.8a Email Address

1.8b Phone Number

Marriage, Separation and Divorce

As of January 1, 2022, Ontario law changed. Gifts and appointments in your Will are automatically cancelled on separation (if there is a separation agreement or 3+ years of living apart beginning on or after January 1, 2022) or on divorce — unless your Will says otherwise. Support obligations must be reflected explicitly. Therefore, if you are separated or contemplating separation or divorce, it is important that you answer the questions that follow carefully.

1.9 Do you have a spouse or partner who will be making a Will at the same time as you?

Yes

1.9a Your Spouse's Email Address

Your spouse will receive a link to their questionnaire at this address.

Mirror Wills and Mutual Wills

Mirror Wills — each spouse makes an identical Will leaving everything to the other, with the same ultimate beneficiaries. Either spouse may change their Will at any time after the other’s death, without restriction. This is appropriate where you trust your spouse to act fairly toward your ultimate beneficiaries, or where changed circumstances may require flexibility.

Mutual Wills — a binding contract. Once the first spouse dies, the survivor cannot change their Will in a manner inconsistent with the agreement. Most appropriate in blended families where one or both spouses have children from a prior relationship and want to ensure those children ultimately benefit. Less appropriate for couples in first marriages with shared children, where the survivor’s flexibility to respond to changing circumstances is usually more valuable.

Important: a mutual Will agreement does not prevent the surviving spouse from spending down assets during their lifetime. It only prevents them from redirecting what remains at their death through a new Will.

1.9a Are you and your spouse making Wills at the same time with the same ultimate beneficiaries?

Yes

1.9b Mirror Wills or Mutual Wills?

Mirror Wills — full flexibility, either spouse may change their Will after the other’s death (recommended for most couples)

Mutual Wills — binding agreement, survivor cannot change ultimate beneficiaries

Mirror Wills and Mutual Wills — please read before continuing

Mirror Wills

Each spouse makes an identical Will. Either spouse may change their Will at any time, including after the other has died.

Mutual Wills

Each spouse makes an identical Will and enters into a binding agreement not to change the dispositive provisions — meaning who receives your assets and in what shares — after the other spouse has died, without the prior written consent of the other.

Important — before you proceed

You and your spouse should already have discussed and agreed on who will receive your assets and in what shares before completing this questionnaire. Once your spouse receives their questionnaire, any changes they make to pre-filled sections will trigger a notification to you listing exactly what was changed. Both of you will have the opportunity to revise your answers. A signing appointment cannot be booked until both questionnaires are submitted and all agreed sections are identical.

Which sections should be pre-filled for your spouse?

Executor and alternate executors

Guardians

Administrative provisions

Trustee powers

Probate planning

1.10 Are you separated or contemplating separation or divorce?

Yes

1.11 Is there a separation agreement, court order, or family arbitration award dated on or after January 1, 2022?

Yes

1.12 Do you wish gifts and appointments in this Will to survive a future separation or divorce?

Yes

1.13 Are you subject to a support agreement requiring Will provisions?

Yes

1.14 Support agreement details — beneficiary name and agreement date

Disposition of Body

Your executor is not legally bound by your instructions here. This is an expression of your wishes only — not a binding direction. Communicate your wishes directly to your executor and family. Your Will may not be read until after burial or cremation has already taken place.

1.15 Do you wish to be buried or cremated?

Buried

Cremated

No preference

1.16 Burial or cremation instructions

Important note about organ donation: A consent to organ donation included in your Will is legally valid under the Trillium Gift of Life Network Act. However, a Will-based consent is lower priority than consent registered directly with the provincial government. We strongly recommend registering your consent at BeADonor.ca in addition to including it in your Will. Please also discuss your wishes with your family — the hospital will consult your next of kin and in almost all cases families honour their loved one’s decision when they know it was their wish.

1.17 Do you wish to donate your organs (including tissues)?

Yes

Untitle1.17a Which organs and tissues do you wish to donate? Click all that apply.

All organs and tissues

Heart

Lungs

Liver

Kidneys

Pancreas

Intestines

Eyes / Corneas

Skin

Bone and bone marrow

Heart valves

blood vessles

Tendons and ligaments

For what purpose?

Any purpose

Transplant only

Medical research only

Transplant and medical research

Education and training only

1.18 Organ donation instructions

1.19 Primary Photo ID

Accepted file types: jpg, jpeg, png, pdf, Max. file size: 2 MB.

Accepted: driver’s licence or passport. If neither available, any government-issued photo ID (health card not accepted).

1.20 Secondary ID

Accepted file types: jpg, jpeg, png, pdf, Max. file size: 2 MB.

Accepted: driver’s licence, passport, any government-issued photo ID (health card not accepted), or a credit card (not a debit card).

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SECTION 2 — YOUR PEOPLE

Tell us who is in your life. Tick each category that applies. Fields will appear for each person. These people will be available to select as executor, guardian, and beneficiary in later sections.

Step 1 — Which of the following apply to you?

2.1 Select all that apply

I have a spouse or common-law partner

I have children

I have grandchildren

I have siblings

My parents are living

There are other people I want to name in my Will

Step 2 — Enter their details

Spouse / Common-law Partner

2.2 Full Legal Name

2.3 Date of Birth

MM slash DD slash YYYY

Optional.

2.4 City of Residence

2.5 Email Address

Optional.

2.6 Phone Number

Optional.

Children

A box for the next person will appear automatically once you complete this one.

Child 1

2.7 Full Legal Name

2.8 Date of Birth

MM slash DD slash YYYY

Optional.

2.9 City of Residence

2.7a Pronouns

He/Him

She/Her

They/Them

Child 2

2.10 Full Legal Name

2.11 Date of Birth

MM slash DD slash YYYY

Optional.

2.12 City of Residence

2.10a Pronouns

He/Him

She/Her

They/Them

Child 3

2.13 Full Legal Name

2.14 Date of Birth

MM slash DD slash YYYY

Optional.

2.15 City of Residence

2.13a Pronouns

He/Him

She/Her

They/Them

Child 4

2.16 Full Legal Name

2.17 Date of Birth

MM slash DD slash YYYY

Optional.

2.18 City of Residence

2.16a Pronouns

He/Him

She/Her

They/Them

Child 5

2.19 Full Legal Name

2.20 Date of Birth

MM slash DD slash YYYY

Optional.

2.21 City of Residence

2.19a Pronouns

He/Him

She/Her

They/Them

Child 6

2.22 Full Legal Name

2.23 Date of Birth

MM slash DD slash YYYY

Optional.

2.24 City of Residence

2.22a Pronouns

He/Him

She/Her

They/Them

Child 7

2.25 Full Legal Name

2.26 Date of Birth

MM slash DD slash YYYY

Optional.

2.27 City of Residence

2.25a Pronouns

He/Him

She/Her

They/Them

Child 8

2.28 Full Legal Name

2.29 Date of Birth

MM slash DD slash YYYY

Optional.

2.30 City of Residence

2.28a Pronouns

He/Him

She/Her

They/Them

Grandchildren

A box for the next person will appear automatically once you complete this one.

Grandchild 1

2.31 Full Legal Name

2.32 Date of Birth

MM slash DD slash YYYY

Optional.

2.33 City of Residence

Grandchild 2

2.34 Full Legal Name

2.35 Date of Birth

MM slash DD slash YYYY

Optional.

2.36 City of Residence

Grandchild 3

2.37 Full Legal Name

2.38 Date of Birth

MM slash DD slash YYYY

Optional.

2.39 City of Residence

Grandchild 4

2.40 Full Legal Name

2.41 Date of Birth

MM slash DD slash YYYY

Optional.

2.42 City of Residence

Grandchild 5

2.43 Full Legal Name

2.44 Date of Birth

MM slash DD slash YYYY

Optional.

2.45 City of Residence

Grandchild 6

2.46 Full Legal Name

2.47 Date of Birth

MM slash DD slash YYYY

Optional.

2.48 City of Residence

Grandchild 7

2.49 Full Legal Name

2.50 Date of Birth

MM slash DD slash YYYY

Optional.

2.51 City of Residence

Grandchild 8

2.52 Full Legal Name

2.53 Date of Birth

MM slash DD slash YYYY

Optional.

2.54 City of Residence

Siblings

A box for the next person will appear automatically once you complete this one.

Sibling 1

2.55 Full Legal Name

2.56 Date of Birth

MM slash DD slash YYYY

Optional.

2.57 City of Residence

Sibling 2

2.58 Full Legal Name

2.59 Date of Birth

MM slash DD slash YYYY

Optional.

2.60 City of Residence

Sibling 3

2.61 Full Legal Name

2.62 Date of Birth

MM slash DD slash YYYY

Optional.

2.63 City of Residence

Sibling 4

2.64 Full Legal Name

2.65 Date of Birth

MM slash DD slash YYYY

Optional.

2.66 City of Residence

Sibling 5

2.67 Full Legal Name

2.68 Date of Birth

MM slash DD slash YYYY

Optional.

2.69 City of Residence

Sibling 6

2.70 Full Legal Name

2.71 Date of Birth

MM slash DD slash YYYY

Optional.

2.72 City of Residence

Parents

Parent 1

2.73 Full Legal Name

2.74 City of Residence

Parent 2

2.75 Full Legal Name

2.76 City of Residence

Other Important People

A box for the next person will appear automatically once you complete this one.

Include anyone else you may wish to name in your Will — friends, caregivers, stepchildren, or others not listed above.

Person 1

2.77 Full Legal Name

2.78 Relationship to You

2.79 City of Residence

2.80 Email Address

Optional.

Person 2

2.81 Full Legal Name

2.82 Relationship to You

2.83 City of Residence

2.84 Email Address

Optional.

Person 3

2.85 Full Legal Name

2.86 Relationship to You

2.87 City of Residence

2.88 Email Address

Optional.

Person 4

2.89 Full Legal Name

2.90 Relationship to You

2.91 City of Residence

2.92 Email Address

Optional.

Person 5

2.93 Full Legal Name

2.94 Relationship to You

2.95 City of Residence

2.96 Email Address

Optional.

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SECTION 3 — YOUR ASSETS

List all your assets here. You will refer to this list when making specific gifts in later sections. All information in this section will be saved to your ZipFields vault.

Registered Plans

Registered Plans — what you need to know before answering

Your registered plans — RRSPs, RRIFs, TFSAs, and FHSAs — can have a beneficiary named either directly on the plan with your financial institution, or in your Will.

Why this matters:

If a beneficiary is named, the funds in your registered plans pass directly to that person when you die. They do not form part of your estate, are not subject to probate fees, and are not available to your creditors. If no beneficiary is named, the funds fall into your estate and are subject to probate fees and creditors’ claims.

Naming a beneficiary in your Will:

You can name a beneficiary in your Will. If you do, your Will must refer expressly to each specific plan. A general statement in your Will is not sufficient and will not override an existing plan designation. A Will designation only applies to plans you own at the time your Will is signed — not plans you acquire afterward.

Important — if you already have a designation on file:

A designation you make in your Will revokes any prior designation made directly on the plan, but only if your Will expressly says so. A general revocation clause in your Will is not enough.

Tax consequences:

If you name your spouse or common-law partner (a person you have lived with in a conjugal relationship for at least 12 continuous months), the full value of your plan can transfer to them on a tax-deferred basis — no income tax is triggered immediately. This is called a spousal rollover.

If you name anyone other than your spouse or common-law partner — a child, a grandchild, a sibling — the full value of your plan is treated as income earned by you in the year you die and taxed accordingly. On a large RRSP this can mean a tax bill of 50% or more of the plan’s value, paid from your estate before your beneficiaries receive anything.

Special note for RRIFs: If you have a RRIF, naming your spouse as successor annuitant is more tax-efficient than naming them as beneficiary.

Special note for TFSAs: If you have a TFSA, naming your spouse as successor holder preserves the tax-free status of the account.

3.1 Do you wish to designate beneficiaries in your Will for any of your registered plans?

Yes — I want my Will to address beneficiary designations on my registered plans

No — I am satisfied with my existing beneficiary designations

If you are satisfied with the beneficiaries already named on your plans, select No. If you want your Will to include or change beneficiary designations, select Yes and your lawyer will address this.

3.2 Do you have an RRSP?

Yes

3.3 RRSP — Institution and Account Number

RRIF — important difference from an RRSP

If you name your spouse or common-law partner as the beneficiary of your RRIF, they become what is called a successor annuitant — they simply step into your shoes and continue receiving the same payments from the plan without it being collapsed. No tax is triggered at your death.

If you name anyone other than your spouse as your RRIF beneficiary, the plan is collapsed on your death and the full remaining value is taxed as income in your final tax return. For most married people, naming your spouse as RRIF beneficiary is strongly recommended unless you have a specific reason not to.

3.4 Do you have a RRIF?

Yes

3.5 RRIF — Institution and Account Number

3.6 Do you have a TFSA?

Yes

3.7 TFSA — Institution and Account Number

3.8 Do you have a FHSA?

Yes

Ontario regulations for FHSA beneficiary designations are not yet updated — the designation may not be legally effective but is included in anticipation of a regulatory update.

3.9 FHSA — Institution and Account Number

3.10 Are you a subscriber to one or more RESPs?

Yes

If your Will does not address your RESP, your executor’s obligation is to withdraw contributions and distribute them as part of your estate — likely not your intention. If jointly owned with your spouse, both Wills should include mirror provisions.

3.11 Are you the sole RESP subscriber or joint with another person?

Sole

Joint

3.12 List all RESPs — institution, account number, beneficiary

3.13 What do you wish to happen to your RESPs after your death?

Continue the plan

Wind up the plan

Pay to guardian

Life Insurance

Life Insurance — what you need to know before answering

Your life insurance policy can have a beneficiary named either directly on the policy with your insurer, or in your Will by declaration under the Insurance Act (Ontario).

Why this matters:

If a beneficiary is named, your insurance proceeds pass directly to that person when you die. They do not form part of your estate, are not subject to probate fees, and are generally protected from your creditors. If no beneficiary is named, or if your estate is named as beneficiary, the proceeds fall into your estate and are subject to probate fees and creditors’ claims.

Naming a beneficiary in your Will:

You can name a beneficiary for your life insurance in your Will. A Will designation is valid and effective from the date your Will is signed. The most recent designation — whether in your Will or on the policy — generally takes precedence.

Important — if you already have a designation on file:

A Will designation can revoke a prior designation made directly on the policy, but only if your Will expressly revokes it. A general revocation clause in your Will is not sufficient.

Things to consider:

Your existing designation may have been made years ago and may no longer reflect your wishes.
If your named beneficiary has died and no alternate is named, the proceeds fall into your estate.
Your circumstances may have changed — separation, divorce, new children, or a change in your relationship.

3.14 Do you have any life insurance policies?

Yes

3.15 List all policies — insurer name, policy number, approximate death benefit, existing beneficiaries and alternates

Please list the beneficiaries currently named on each policy — even if you do not want to change them. Your lawyer needs this information to understand your overall estate plan.

3.16 Do you wish to change any beneficiary or add a missing alternate on any policy?

Yes

3.17 Could any insurance beneficiary be a minor child at the time of your death?

Yes

3.18 Do you wish to control how insurance proceeds are distributed after your death?

Yes — Insurance Trust

Loyalty Programs

Not all loyalty programs allow you to transfer your points to someone else when you die. Some programs cancel the account and all remaining points automatically. Before including loyalty accounts in your Will, check with each program whether a transfer on death is permitted and what the process is. Your lawyer will flag any issues.

3.19 Do you have any air miles or loyalty points accounts you wish to leave to a beneficiary?

Yes

3.20 List all loyalty accounts — program name, account number

Bank Accounts

Joint Bank Accounts — important

If you hold a bank account jointly with another person, the law does not automatically assume the other person keeps the funds on your death. Recent Ontario court decisions have established that when a parent adds an adult child to a bank account, there is a legal presumption that the child holds the funds for the benefit of the parent’s estate — not for themselves personally. This is called a resulting trust.

You must clarify your intention for each joint account:
Right of survivorship — the funds pass automatically to the joint holder on your death, outside your estate.
Convenience only — the joint holder was added only for convenience and the funds form part of your estate on your death.

3.21 List all bank accounts — bank name, account number, sole or joint, joint holder name, right of survivorship or convenience only

Real Estate

3.22 Do you own any real estate?

Yes

3.23 List all properties — full municipal address, province, how title is held, any mortgage outstanding

3.24 Do you own a cottage or recreational property?

Yes

3.25 Cottage — full municipal address, province or country, how title is held

Pets

3.26 Do you have pets?

Yes

3.27 List all pets — species, name, age, location

Digital Assets and Online Accounts

Most people do not need to address online accounts in their Will. Regardless of what your Will says, platforms such as Google, Facebook and Apple may not grant your executor access without a specific designation made directly within the platform. We strongly recommend setting up a Legacy Contact on Facebook and Apple and a Trusted Contact on Google while you are alive.

3.28 Do you have online accounts or digital assets with monetary value that your executor will need to access?

Yes

3.29 List all digital assets — platform name, account type, approximate value

3.30 Do you own any domain names or websites with commercial or personal value?

Yes

3.31 List all domain names and websites — for each: hold and expire / transfer to beneficiary / sell / maintain funded by estate

3.32 Are there specific online accounts whose content you wish your trustees to close and delete without reading?

Yes

3.33 List accounts to be closed and deleted

3.34 Are there specific online accounts you wish to preserve and transfer to a named beneficiary?

Yes

3.35 List accounts to preserve — account name and beneficiary

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SECTION 4 — EXECUTOR & TRUSTEE

Your executor manages your estate after your death.

Choosing an executor is one of the most important decisions you will make in your Will. The role requires organization, financial literacy, good judgment, and the ability to communicate with family members and professionals. It can take hundreds of hours and expose the executor to legal and financial responsibility.

Where possible a spouse makes an ideal executor. You should also name at least one alternate executor. Co-executors may act jointly (all must agree) or jointly and severally (each may act independently) — jointly and severally is usually the more practical choice.

Note: It is not recommended to name a non-Canadian executor — this can create significant tax and administrative complications. Executor compensation is taxable income. Ontario courts generally apply a guideline of 2.5%–5% of the total estate value.

4.1 Primary Executor — Full Legal Name

Enter the name exactly as it appears in Section 2 — Your People.

4.2 Do you wish to name a first alternate executor?

Yes

4.3 First Alternate Executor — Full Legal Name

4.4 Do you wish to name a second alternate executor?

Yes

4.5 Second Alternate Executor — Full Legal Name

4.6 Do you wish to name co-executors?

Yes

4.7 Co-Executor — Full Legal Name

4.8 If co-executors — must they act jointly or jointly and severally?

Jointly — all must agree on every decision

Jointly and severally — each may act independently

4.9 Do you wish to name co-alternate-executors?

Yes

4.10 Co-Alternate Executor — Full Legal Name

4.11 If co-alternate-executors — jointly or jointly and severally?

Jointly

Jointly and severally

4.12 Do you wish your executor to be compensated?

Yes — provincial guideline (2.5%–5% of estate value)

Yes — fixed amount

No compensation — expenses only

4.13 Fixed compensation amount

Dispute Resolution

If you have only one executor, skip this question. With two executors the only practical alternative to unanimity is an umpire. With three or more executors: unanimity, majority, majority with veto, or umpire.

4.14 How should disagreements among your executors be resolved?

Unanimity — all must agree

Majority rules

Majority with one executor holding a veto

Umpire decides — an accountant or lawyer named by the parties

Definitions — Children and Issue

Ontario law recognizes a broad range of parent-child relationships including adopted children, children born outside marriage, children conceived through assisted reproduction, and posthumously-conceived children. Your Will can reflect your personal intentions about who qualifies as your children or issue.

4.15 Do you wish to exclude children born outside of marriage from the definition of your children and issue?

Yes — exclude

No — include all children regardless of how they were born

4.16 Do you wish to exclude children who are both conceived and born after the death of their parent?

Yes — exclude posthumously conceived and born children

No — include them

4.17 Are there any specific children or step-children you wish to expressly include or exclude?

Yes

4.18 List specific inclusions or exclusions with explanation

Definition of Spouse

For distributions to the spouses of your beneficiaries, three levels of control are available:

Level 1 — Broad: Any person cohabiting in a conjugal relationship, married or not.
Level 2 — Controlled: Your trustees apply a detailed set of criteria you choose in advance.
Level 3 — Trustee discretion: Your trustees determine who qualifies at the time of distribution.

4.19 Are any of your children currently married?

Yes

4.20 Do you intend to leave distributions to your children's legally married spouses?

Yes

4.21 Which level of control do you wish to apply?

Level 1 — Broad

Level 2 — Controlled

Level 3 — Trustee discretion

4.22 (Level 2) Should a separated-but-legally-married spouse qualify?

Yes

4.23 (Level 2) Should a person who went through a void or voidable marriage and cohabited within the previous twelve months qualify?

Yes

4.24 Should a common-law partner who has cohabited continuously for a minimum period qualify?

Yes — use legal default at time of death

Yes — specify a fixed period

4.25 Minimum cohabitation period (years)

4.26 Should a common-law partner who is the legal parent of a child with the beneficiary qualify regardless of length of cohabitation?

Yes

4.27 Should a person in whose favour a court has made a support order against the beneficiary qualify?

Yes

SECTION 5 — GUARDIANSHIP

This section applies if you have or may have minor children at the time of your death.

Important: This appointment is temporary — effective for only 90 days from the date of your death. The appointed person must apply to court within those 90 days to have the appointment confirmed. The court will ultimately determine what is in the best interests of the children. The Will appointment is evidence of your wishes, not a binding direction.

Technically, the authority to appoint a guardian of your children’s property in your Will is limited. In most cases the court makes the final determination. The most important appointment is the person who has day-to-day decision-making responsibility for your children’s upbringing, education, and welfare.

5.1 Do you have or anticipate having minor children at the time of your death?

Yes

5.2 Primary Guardian — Full Legal Name

Person to have decision-making responsibility for your minor children. Speak to this person in advance to confirm they are willing and able to serve.

5.3 Alternate Guardian — Full Legal Name

5.4 Should the same person be guardian of your children's property?

Yes — same person for both

No — different person for property

5.5 Property Guardian — Full Legal Name

5.6 Are you currently separated or divorced from the other parent of your minor children?

Yes

If the other parent survives you, they will continue to have decision-making responsibility for your children regardless of what your Will says. Your appointment only becomes effective if the other parent also dies.

5.7 Do you wish your trustees to assist the guardian with mortgage or rental payments, household expenses, and childcare costs including a nanny or housekeeper?

Yes

SECTION 6 — YOUR ASSET WISHES

Tell us what you want to happen to specific assets — personal items, real estate, cash gifts, and charitable donations.

Specific Personal Items

Ademption — if the item no longer exists or is no longer owned by you at death, the gift fails entirely.
Lapse — if the beneficiary dies before you, the gift generally lapses, though the anti-lapse rule may apply if the beneficiary is your child, grandchild, brother, or sister.

6.1 Do you wish to leave any specific personal items to named individuals?

Yes

6.2 List each item — description, primary beneficiary, alternate beneficiary if primary predeceases you, whether beneficiary could be a minor

Anti-Lapse Rule — Important
If a beneficiary of a specific gift dies before you, the gift generally lapses and falls back into your estate. However, under Ontario’s Succession Law Reform Act, if the beneficiary is your child, grandchild, brother, or sister, the gift does not lapse automatically — instead it passes to that beneficiary’s own children or spouse as if they had died intestate. This is called the anti-lapse rule.

If this is not what you want — for example, if you would prefer the gift to go to a specific alternate person, or to fall into the residue of your estate — you must say so explicitly. The question below asks you to make this choice.

6.2a For each specific personal item — if the primary beneficiary is your child, grandchild, brother, or sister and predeceases you, what should happen to the gift?

Anti-lapse rule applies — gift passes to that beneficiary’s own spouse or children

Gift passes to the alternate beneficiary named above

Gift lapses and falls into the residue of my estate

Remaining Personal Property

6.3 Is there one person to whom you wish to distribute all of your remaining personal property?

Yes

No — trustees have broad discretion

6.4 Person to receive all remaining personal property

6.5 Do you own items of significant value you intend to leave to a specific person who is also entitled to a share of the rest of your estate?

Yes

If yes, an equalization clause ensures that person accounts for the specific gift when receiving their share of the estate.

6.6 Dollar value threshold for equalization

Pets

6.7 Are all your pets to go to the same person?

Yes — one guardian for all pets

No — different guardians for different pets

6.8 Pet guardian — full legal name

6.9 List each pet and their individual guardian

6.10 Do you wish to leave a cash gift to assist with care of your pets?

Yes — simple cash gift

Yes — pet trust (recommended for long-lived pets)

6.11 Pet gift or trust amount

Cash Gifts

Four things to understand before making cash gifts in your Will

1. What happens if the recipient dies before you
If a beneficiary dies before you, the gift generally fails — the money falls back into your estate. However there is an important exception: if the beneficiary is your child, grandchild, brother, or sister, Ontario law may automatically redirect the gift to that person’s own family instead of back into your estate. In most cases this is not what people want — they would rather name a specific alternate. Your lawyer will ask you about this for each gift.

2. Double gifts in mirror Wills
If you and your spouse are both making Wills at the same time and you are each leaving the same cash gift to the same person, that person could receive the gift twice — once from each estate. A double legacy prevention clause ensures the gift is only paid once in total.

3. Minor beneficiaries
If a beneficiary could be under 18 when you die, they cannot receive money directly. The gift must either be held in trust until they reach adulthood, or paid to a parent or guardian to hold on their behalf.

4. Keeping dollar amounts current
The dollar amounts in your Will are fixed at the time you sign it. They do not automatically increase with inflation. An indexing clause adjusts all dollar amounts annually in line with the Consumer Price Index.

6.12 Do you wish to leave any specific cash gifts to named individuals?

Yes

6.13 List each cash gift — beneficiary name, amount in words, amount in figures, what happens if they predecease you, whether they could be a minor

6.14 Are you and your spouse making mirror Wills with the same cash gift to the same person?

Yes — include double legacy prevention clause

6.15 Do you wish to include an indexing clause to adjust cash gift amounts annually for inflation?

Yes

Charitable Gifts

A gift to a registered Canadian charity in your Will generates a donation tax credit that can reduce the taxes your estate pays on your death — so charitable giving often costs your estate less than the face value of the gift.

Accuracy is essential. The legal name and CRA Business Number of each charity must be exact. A spelling error — even a minor one — can cause the gift to fail entirely or result in costly court proceedings. Do not rely on memory or a charity’s informal name. Your lawyer will verify every charity against the CRA charities listing before your Will is signed. If you are unsure of a charity’s exact legal name, contact the charity directly and ask how they should be named in a testamentary gift.

6.16 Do you wish to make any charitable gifts in your Will?

Yes — I have specific charities in mind

Yes — I want my trustees to select the charities

6.17 List each charity — legal name, CRA Business Number, amount in figures, amount in words

Flexible timing is almost always the better choice — here is why.

If you give your trustees flexibility to pay the charitable gift at any time within 60 months of your death, they can time the payment to reduce the taxes your estate pays. For example, if your estate earns income in the year after your death, the trustees can make the charitable gift in that year to offset the income tax with the donation tax credit — saving money that would otherwise go to the government rather than your family.

The charity receives the same amount either way. There is no interest penalty and no cost to the charity.

6.18 Should the charitable gift be paid immediately after your death or with flexible timing?

Flexible timing — trustees may pay any time within 60 months of death (recommended)

Immediate payment — as soon as reasonably possible after death

What happens if the charity no longer exists?

If you choose the redirect option, your trustees can pay the gift to a charity with a similar purpose — for example, if a local hospice has merged with a larger organization, your trustees could pay the gift to the successor. This is called a cy-pres application and ensures your charitable intention is carried out even if the specific charity is gone.

If you choose the lapse option, the gift fails and falls back into the residue of your estate.

6.19 What should happen if a named charity no longer exists at the date of your death?

Trustees may redirect the gift to a successor or similar charity (recommended)

Gift lapses and falls into residue

6.20 Total amount for trustees to distribute to charities of their choosing

Real Estate Gifts

Outright gift means the property transfers directly to the named person with no conditions. If you want someone to be able to live in the property during their lifetime before it passes to others, that is a trust arrangement covered below.

Important: If you sell the property after signing your Will without updating it, the gift fails — unless you choose the replacement property extension below.

6.21 Do you wish to leave any specific real estate to a named person as an outright gift?

Yes

6.22 List each property — full municipal address, beneficiary name, alternate beneficiary

Important — how title is held determines whether this gift can be made by Will.

If you hold the property as a joint tenant with another person, the property passes automatically to the surviving joint tenant when you die — regardless of what your Will says. A gift of a jointly-held property in your Will has no legal effect. If this applies to your property, speak to your lawyer before completing this section.

If you hold the property as tenants-in-common, only your share passes by Will — not the entire property.

If you are not certain how title is held, your lawyer will confirm this before your Will is signed.

6.22a How is title to each gifted property currently held?

Solely in my name — I can give the full property by Will

Jointly with another person as joint tenants — the property passes automatically to the surviving joint tenant. A gift by Will has no legal effect.

Jointly with another person as tenants-in-common — only my share passes by Will

Through a corporation

I am not certain — my lawyer will confirm before signing

6.23 For any property with a mortgage — do you wish your estate to pay off the mortgage before transferring the property to the beneficiary?

Yes — my estate will discharge the mortgage and transfer the property free and clear

No — the beneficiary receives the property subject to the existing mortgage

None of my gifted properties have a mortgage

If you choose No, the beneficiary receives the property with the mortgage attached. If you choose Yes, your estate pays off the mortgage first — but this reduces what is available for your other beneficiaries.

6.24 Do you wish to include the contents of the gifted property — furniture, appliances, artwork, and other items inside the home — as part of the gift?

Yes — the contents travel with the property

No — the contents are distributed separately

If Yes, whoever receives the property also receives everything inside it. If No, the contents are distributed separately under your personal property provisions and may go to a different person.

6.25 Would you like the gift to automatically extend to any replacement property you are living in at your death?

Yes — extend to any residential property I own and am living in at death

No — applies only to the specific address named

Principal Residence Trust

A Principal Residence Trust holds your home in trust for a named beneficiary after your death, without giving that person outright ownership. The beneficiary has the right to live in the home for the rest of their life. When they die, the home passes to whoever you have named in the residue of your estate.

This is different from leaving the home outright. An outright gift gives the recipient full ownership, including the right to sell it or leave it to whomever they choose. A trust preserves the property for your ultimate beneficiaries while still protecting the person you want to care for.

Available for three types of beneficiaries only: a spouse or common-law partner; a minor child (where you are the deceased parent); or a disabled person who qualifies for the federal disability tax credit.

6.26 How is your principal residence currently held?

In my name alone

Jointly with my spouse as joint tenants — the property passes automatically to my spouse on my death. A Principal Residence Trust is not available.

Jointly with another person as tenants-in-common — only my share can be placed in trust

I am not certain — my lawyer will confirm before signing

This determines whether a Principal Residence Trust is available to you. If you hold the property as joint tenants with your spouse, it passes automatically to your spouse on your death and a trust is not possible.

6.27 Do you wish to establish a Principal Residence Trust?

Yes

6.28 Who is the intended beneficiary of the Principal Residence Trust?

My spouse or common-law partner

My minor child

A disabled person qualifying for the federal disability tax credit

6.29 Principal Residence Trust — beneficiary name and property address

Why a capital fund matters — and what happens without one.

The person who lives in the home pays day-to-day costs — property taxes, insurance, utilities, and routine maintenance. That is standard.

But major repairs — a new roof, a furnace replacement, foundation work — are capital expenditures and the cost comes from the trust’s capital under trust law, not from the beneficiary personally. If the home is the only asset in the trust, there may be no money to pay for the repair, and the home may need to be sold.

If the beneficiary is a minor child or a person with a disability receiving government benefits: a capital fund is strongly recommended. If the beneficiary contributes their own money to cover a capital cost, it could jeopardize the trust’s special tax status or affect their government benefits eligibility.

6.30 Do you wish to set aside a fund within the trust to cover capital expenditures on the home?

Yes — specify amount

6.31 Capital fund amount

6.32 Spousal Principal Residence Trust — do you wish to give your spouse the authority to direct the trustees to sell the home and either purchase a replacement, hold the proceeds as income, or use proceeds for rental accommodation?

Yes — give my spouse full authority to direct a sale and substitution (recommended)

No — the home must remain in trust unless the trustees decide otherwise

This ensures your spouse is not trapped in a property that no longer suits their needs. Strongly recommended for all spousal Principal Residence Trusts.

Principal Residence Exemption — the tax benefit depends on your specific circumstances.

When a home held in a trust is sold, capital gains tax normally applies. The principal residence exemption can eliminate that tax — but only if certain conditions are met every year the exemption is claimed.

Condition 1 — Canadian residency: the beneficiary must be a Canadian resident in each year the exemption is claimed. If your beneficiary lives outside Canada, the exemption is not available for those years.

Condition 2 — Only one property: the exemption cannot be claimed on two properties for the same years. If your beneficiary or any member of their immediate family owns or occupies another property that could also be designated as a principal residence, you cannot claim the exemption on both in the same year.

For a minor child trust: the exemption is available only while the child is under 18 and actually living in the home.

For a Qualified Disability Trust: the beneficiary must qualify for the federal disability tax credit. If they do not, capital gains tax will apply on any sale.

Your lawyer will discuss these conditions with you.

6.33 Is the intended trust beneficiary a Canadian resident?

Yes — Canadian resident

No — not a Canadian resident. The principal residence exemption will not be available for years the beneficiary is non-resident.

6.34 Does the beneficiary, or any member of their immediate family, own or occupy another property that could be designated as a principal residence?

No — no other property

Yes — they own or occupy another property. The trustees and the beneficiary will need to coordinate which property is designated each year.

Cottage or Recreational Property

A cottage is often one of the most emotionally significant assets in an estate. Leaving it outright to multiple children can immediately force a decision about whether to keep it, sell it, or divide it — at a time when families are grieving and agreement may be difficult.

A Cottage Trust allows your children to continue using the property for a defined period before they must decide what to do with it. A separate Cottage Fund covers ongoing costs — insurance, taxes, utilities, and maintenance — so expenses do not become a source of dispute.

Important tax rule: a cottage trust lasting more than 21 years triggers a deemed disposition under the Income Tax Act. Five years is the most common trust period.

6.35 How is the cottage currently held?

In my name alone

Jointly with my spouse as joint tenants — the cottage passes automatically to my spouse. A Cottage Trust is not available at this stage.

Jointly with my spouse as tenants-in-common — only my share can be placed in trust

Jointly with my children or others — only my share can be placed in trust

I am not certain — my lawyer will confirm before signing

This determines what options are available for your cottage. If you hold it as joint tenants with your spouse, it passes automatically to your spouse on your death and a Cottage Trust is not available for your share.

6.36 Do you wish to include the contents of the cottage — boats, motors, furniture, kayaks, and other items at the property — as part of the cottage for all purposes of the trust and any transfer?

Yes — contents are included and travel with the cottage (recommended)

No — contents are excluded and dealt with separately

If Yes, the contents travel with the cottage throughout the trust and on any final transfer or sale. If No, the contents are treated as general personal property and distributed separately.

6.37 What do you wish to do with your cottage or recreational property?

Hold in a Cottage Trust for my children to use before deciding

Transfer directly to a named person as an outright gift

Falls into residue

I do not own a cottage

6.38 Who should have the right to use the cottage during the trust period?

List who may use the cottage while the trust is running — not who ultimately receives it when the trust ends. In most cases the answer is: my children and their families.

6.39 Who decides how the cottage is used during the trust period — scheduling, maintenance, and day-to-day matters?

Default — my children agree among themselves; trustees step in and break ties if they cannot agree

I wish to specify a different arrangement

6.40 Describe your preferred decision-making arrangement for the cottage

6.41 Trust period (years) — default is 5 years; must be less than 21 years

6.42 Cottage Fund — do you wish to specify a minimum amount, or leave the amount entirely to your trustees' discretion?

Trustees’ discretion — trustees determine the appropriate amount (simpler)

Specify a minimum amount — trustees may set aside more but not less than this amount

The Cottage Fund covers ongoing costs during the trust period — insurance, property taxes, utilities, and maintenance. Any surplus at the end of the trust period falls back into your estate.

6.43 Minimum Cottage Fund amount

6.44 Direct transfer — beneficiary name, proportions if more than one, conditional on reimbursing capital gains tax?

6.45 Do you wish to include an Option to Purchase — giving named persons the right to buy the cottage before it is listed publicly?

Yes

6.46 Option to Purchase details — who receives the first option, at what percentage of fair market value, how many days to exercise

6.46a Option to Purchase — should a specific named person receive the first option before your children, or should the option cascade only through your children in order of age?

Version A — a specific named person receives the first option; if they decline or have predeceased, the option then passes to my children in order of age

Version B — the option cascades through my children only, in order of age

Version A is appropriate where someone other than your children — for example, a sibling, a long-time family friend, or a co-owner — should have the first opportunity to buy the cottage before your children are offered the option.

6.46b Version A — full legal name of the person who receives the first option

This person will be given the first opportunity to purchase the cottage before any of your children are offered the option.

6.47 If more than one child takes the cottage — do you wish to require them to enter into a binding Cottage Use and Co-Ownership Agreement before the transfer is completed?

Yes — Co-Ownership Agreement required as a condition of transfer (strongly recommended)

No — transfer proceeds without a Co-Ownership Agreement

A Co-Ownership Agreement sets out the rules for shared use, maintenance responsibilities, dispute resolution, and what happens if one co-owner wants to sell their share. Requiring it before the transfer ensures the rules are in place when everyone is motivated to agree. The cost is paid from your estate. Strongly recommended.

Capital gains tax on the cottage — who pays?

When you die, you are deemed to have sold your cottage at its fair market value — even if no sale actually takes place. The capital gain is included as income on your final tax return and taxed accordingly.

By default this tax is paid from the residue of your estate, which means all of your beneficiaries effectively share the cost — even those who are not receiving the cottage.

You can instead make the cottage gift conditional on the beneficiaries who receive it reimbursing your estate for the capital gains tax, legal fees, and all transfer costs. This is recommended where the cottage has significant accrued capital gains and you have other residuary beneficiaries who should not be subsidizing the tax on an asset they are not receiving.

6.48 Should the capital gains tax arising on your death in respect of the cottage be paid from the residue of your estate, or borne by the beneficiaries who receive the cottage?

Paid from residue — all death taxes paid from the general estate before distribution (standard)

Borne by the cottage beneficiaries — they must reimburse the estate for the capital gains tax, legal fees, and all transfer costs

Education Trust for Grandchildren

An Education Trust sets aside a fixed sum from your estate to pay education expenses for your grandchildren. Your trustees have full discretion to decide how much each grandchild receives and in what order, based on their needs. The trust continues until all eligible grandchildren have reached the maximum age or the fund is exhausted.

Education expenses covered include: tuition, fees, books, rent, reasonable living expenses, travel between home and institution, and any other expenses your trustees determine are education-related.

6.49 Do you wish to establish an Education Trust for your grandchildren?

Yes

6.50 Which grandchildren should be eligible?

Only grandchildren living on the date of my death

Grandchildren living on the date of my death plus those born afterward before the trust ends

6.51 Education Trust — total amount set aside

6.52 Maximum age for eligibility (default 25)

6.53 What should happen to income earned by the Education Fund that is not paid out as education expenses in a given year?

Option 1 — Accumulate and add to the fund capital each year (simpler)

Option 2 — Trustees may pay out or accumulate at their discretion, whichever is more tax-efficient in each year (recommended)

Option 1 is simpler to administer. Option 2 is more tax-efficient — it allows your trustees to distribute surplus income to grandchildren in years when it makes tax sense to do so, rather than letting it accumulate in the trust where it may eventually be taxed at the highest marginal rate.

SECTION 7 — RESIDUE

The residue of your estate is everything that remains after all specific gifts, legacies, and trusts have been satisfied. It is usually the largest part of your estate.

Important: Specific gifts made earlier in your Will — real estate, personal property, cash gifts, cottage — are carved out before the residue is calculated. The residue is what remains after all of those gifts have been paid and all debts, taxes, and estate expenses have been settled.

Your Will protects your beneficiaries’ inheritances from their spouses

Ontario’s Family Law Act requires married spouses to share the increase in their net worth during the marriage when they separate — this is called equalization. Without a specific provision in your Will, an inheritance your child receives during their marriage could be shared with their spouse on a future separation or divorce.

Your Will includes a clause that excludes all inheritances received under it — and all income earned on those inheritances — from the net family property of any beneficiary who is married.

Three important limitations:
1. This protection applies only to married spouses. It does not protect against claims by common-law partners.
2. This protection does not apply to gifts you make during your lifetime — only to inheritances through your Will.
3. The protection can be lost if your beneficiary uses the inherited money to buy a matrimonial home, pays down a mortgage on a matrimonial home with it, or mixes it with other non-protected assets in a way that makes it impossible to trace.

Part 1 — Gift to Surviving Spouse

7.1 Do you wish to leave the residue of your estate to your spouse if your spouse survives you?

Yes

No — skip to gifts to children

7.2 Should the gift to your spouse be outright or held in trust?

Outright gift — spouse receives the residue absolutely (most common)

Spousal Trust — residue held in trust for spouse’s lifetime, then passes to your children

A Spousal Trust is commonly used in second marriages where children from a first marriage are the ultimate beneficiaries. It ensures your spouse is cared for during their lifetime while preserving the estate for your children after your spouse’s death.

Important: a spousal trust must be carefully structured to qualify for a tax-deferred rollover under the Income Tax Act. Your trustees must not exercise administrative powers in a way that allows anyone other than your spouse to benefit from the trust capital during your spouse’s lifetime, or the rollover will be lost.

7.3 Spousal Trust — should your spouse's interests be expressly preferred over those of the ultimate beneficiaries?

Yes — spouse’s needs come first (recommended where spouse may need significant capital support)

No — trustees must maintain an even hand

7.4 Spousal Trust — should the trust end immediately on your spouse's death or continue for up to 3 years?

End immediately on spouse’s death (simpler)

Continue for up to 3 years after spouse’s death (recommended where trust holds assets with significant accrued capital gains)

7.5 How many days must your spouse survive you to receive the residue?

30 days (standard)

Other

7.6 Survivorship period (days)

Why 30 days is the standard — and what problem it solves.

If you and your spouse die very close together — in an accident, or both becoming ill within a short period — and your spouse survives you by only a few days, your estate would pass to your spouse’s estate, go through probate a second time, and then be distributed under your spouse’s Will. This means double probate fees, double administration costs, and double delay.

A 30-day survivorship clause prevents this. If your spouse does not survive you by at least 30 days, they are treated as having predeceased you — your estate skips their estate entirely and goes directly to your alternate beneficiaries.

Mutual Wills — four requirements must be confirmed

1. Both Wills must be made on the same date and both must contain the mutual Will declaration. A mutual Will made by one spouse only is unenforceable.

2. The agreement date must be recorded in both Wills.

3. The ultimate beneficiaries who are protected by the agreement must be identified — these are the people your spouse cannot divert the estate away from after your death. They should be the same in both Wills.

4. Either spouse may revoke or change their Will during both your lifetimes, provided written notice is given to the other. Once the first spouse dies, the survivor is bound and cannot change.

Important: a mutual Will agreement does not prevent the surviving spouse from spending down assets during their lifetime. It only prevents them from redirecting what remains at their death through a new Will.

7.8a Mutual Will agreement date

MM slash DD slash YYYY

This is the date on which both Wills are signed and the mutual Will agreement takes effect.

7.8b List the ultimate beneficiaries protected by this Mutual Will agreement

These are the people your spouse cannot divert the estate away from after your death. They should be identical in both Wills. List each person by full legal name and relationship.

Part 2 — Gifts to Children and Issue

7.9 How do you wish to distribute the residue to your children after your spouse?

Outright per stirpes — no trust, no age restrictions, distributed immediately

Simple Trust — each child’s share held until age 25

Staged distributions — one-third at 21, balance at 25

7.10 Staged distributions — specify ages and fractions

Express each distribution as a fraction or percentage of the remaining balance — for example “one-third at age 21, the balance at age 25” — not as a fixed dollar amount. Fixed dollar amounts become problematic if the trust is worth more or less than expected. Fractions always work regardless of the fund size.

Fractions, not fixed dollar amounts

When specifying staged distributions, always express each stage as a fraction or percentage of the remaining balance — for example “one-third at age 21, the balance at age 25” — not as a fixed dollar amount like “$100,000 at age 21.” Fixed dollar amounts become problematic if the trust is worth more or less than expected at the time of distribution. Fractions always work regardless of the fund size.

7.11 Have you made any loans to children or residuary beneficiaries during your lifetime that you wish taken into account when dividing the residue?

Yes

7.12 List each loan — borrower name, amount, whether interest applies from date of death

Part 3 — Common Disaster

This provision applies only if your spouse and all of your children have died before the residue is fully distributed. It ensures your estate never passes to the Crown by default. The standard approach is to divide the residue equally between your family and your spouse’s family. List the specific people you want to include on each side.

7.13 Your family — list each person to include (name, relationship) and whether their share passes to their own children if they predecease

7.14 Your spouse's family — list each person to include (name, relationship)

7.15 Ultimate fallback — if none of the above survive, name a charity or person

SECTION 8 — SPECIAL SITUATIONS

This section covers disabled beneficiaries, business interests, and other situations requiring special planning. Answer only what applies to you.

Henson Trust — Disabled Beneficiary

A Henson Trust is an absolute discretionary trust for a beneficiary who is disabled and receiving or may receive ODSP benefits. Because the trustees have absolute discretion over all payments — and the beneficiary has no enforceable right to receive anything — the trust assets are not counted in determining ODSP eligibility. This allows a disabled person to benefit from an inheritance without losing their ODSP benefits, drug card, and other supports.

A Henson Trust intercepts one beneficiary’s share from your residue and holds it in a separate trust. The rest of your residue is distributed as normal.

8.1 Do you have a beneficiary who is disabled and receiving or may receive ODSP benefits?

Yes

8.2 Disabled beneficiary — full legal name

8.3 Does the disabled beneficiary currently qualify for the federal disability tax credit?

Yes

If your beneficiary qualifies for the federal disability tax credit, there is an additional tax benefit available.

Each year, the trustee of the Henson Trust can file a joint election with the beneficiary to have the trust treated as a Qualified Disability Trust. This means income earned inside the trust is taxed at the same progressive rates that apply to individuals — starting at a low rate and increasing gradually — instead of being taxed at the highest marginal rate automatically.

The election must be made every year by filing a form with the Canada Revenue Agency. It is not automatic. It requires the trustee and the beneficiary to sign the election together. The filing deadlines are strict — a missed deadline means the tax saving is lost for that year.

Note: qualifying for provincial ODSP benefits and qualifying for the federal disability tax credit are separate tests under separate laws. A person can qualify for one without qualifying for the other.

8.4 Henson Trust — who should be the trustee?

Choose someone who genuinely knows and cares about your beneficiary and will exercise their discretion responsibly.

The choice of trustee is one of the most important decisions for a Henson Trust.

Because the Henson Trust is fully discretionary — meaning the trustee has absolute power to decide how much and when to pay — a trustee who is indifferent or dishonest could refuse to make payments and let the fund accumulate unused.

The beneficiary may be named as co-trustee of their own Henson Trust. However, the beneficiary must never be the sole trustee. Here is why: ODSP rules require a beneficiary to take positive steps to access assets they are legally entitled to. If a beneficiary is the sole trustee, they are legally entitled to pay themselves — which means ODSP could count the trust assets against them, defeating the entire purpose of the trust.

If there are two trustees — the beneficiary and one other — the beneficiary must not have a casting vote in the event of disagreement, for the same reason.

8.5 What should happen to the trust fund on the death of the disabled beneficiary?

8.6 Has the disabled beneficiary established an RDSP (Registered Disability Savings Plan)?

Yes

An RDSP may work better than — or alongside — a Henson Trust.

A Registered Disability Savings Plan (RDSP) has significant advantages:
– All income and capital gains grow completely tax-free inside the plan.
– The assets in the RDSP are exempt from ODSP eligibility calculations — just like a Henson Trust.
– Income paid out from the RDSP to the beneficiary is also exempt from ODSP calculations — which is better than a Henson Trust, where distributions count as voluntary payments up to a $10,000 annual limit.
– The federal government may contribute grants and bonds to the RDSP, adding free money to the plan.

If an RDSP exists, your lawyer will discuss whether your beneficiary’s inheritance should flow into the RDSP, the Henson Trust, or both.

Business Interests

List all business interests you hold. This information determines whether a Secondary Will can be used to reduce the probate tax on those assets.

8.7 Do you hold any interest in a privately held corporation, partnership, or joint venture?

Yes

8.8 Are any of these interests in private companies — meaning none of their shares are listed on a public stock exchange?

Yes

Whether all shareholders are family members affects whether the company shares qualify for your Secondary Will — and carries a specific risk if they do not.

If all shareholders are family members, the shares are strong candidates for the Secondary Will because family directors will generally transfer shares without requiring probate.

If your company has shareholders or directors who are not family members — business partners, arm’s-length investors — those individuals may insist on seeing a Certificate of Appointment before recognizing the transfer. If that happens and the Secondary Will is forced through probate, it could taint all the other assets in the Secondary Will, making them all subject to probate tax as well. Your lawyer will assess this risk carefully.

8.9 List all private companies — company name, your ownership percentage, are all shareholders family members?

Shareholders Agreement
Do you have a shareholders agreement? If yes, locate it and review it for any provisions that are triggered by the death of a shareholder — these are called buy-sell provisions. They may require your estate to sell your shares to the surviving shareholders at a formula price, or give the company the right to purchase them. Answer all questions in this section in a way that does not conflict with those provisions. Bring the shareholders agreement to your meeting with your lawyer to confirm.

8.9a Do you have a shareholders agreement?

Yes — I will review it for buy-sell provisions and bring it to my lawyer meeting

I am not certain

Key Person or Buy-Sell Insurance
Some shareholders agreements are funded by life insurance — meaning the surviving shareholders or the company holds a policy on your life, and the proceeds are used to purchase your shares from your estate on your death. If this applies to you, note the policy details below. Your lawyer will confirm whether the insurance and your Will work together correctly.

8.9b Is there key person or buy-sell insurance in place funded by the company or the surviving shareholders?

Yes

I am not certain

8.9c Insurance policy details — insurer, policy number, approximate death benefit, who holds the policy

Majority vs Minority Interest
A majority interest gives your estate control over the company and makes the shares easier to sell or transfer. A minority interest may be illiquid — meaning your trustees may not be able to sell quickly or at full value without the cooperation of the other shareholders. If you hold a minority interest, full trustee discretion over the timing and terms of any sale is strongly recommended. See Section 9, Question 9.1 — Option A (full trustee discretion) is recommended for minority interests.

8.9d Is your interest in each private company a majority or minority interest?

Majority interest — I own more than 50% of the voting shares

Minority interest — I own 50% or less of the voting shares

Mixed — majority in some companies, minority in others

8.10 Do you hold any partnership or joint venture interests?

Yes

8.11 List all partnership and joint venture interests

8.12 Do you have any beneficial interest in a trust — including a bare trust or resulting trust?

Yes

8.13 Do you have any unsecured debts owing to you by family members?

Yes

8.14 Do you own or operate an active business you would want your trustees to continue operating after your death while arranging an orderly sale?

Yes

8.15 Do you hold significant private company interests where post-mortem corporate reorganization may reduce taxes or simplify administration?

Yes

Other Special Situations

8.16 Are you a member of a First Nation with a possessory interest in on-reserve land?

Yes

Special rules apply to the transfer of on-reserve land. The interest may only pass to another band member and is subject to approval by the Minister of Indigenous Services. This situation requires additional steps before your Will can be signed.

8.17 Are there any beneficiaries who may be difficult to locate at the time of your death?

Yes — include a 2-year search period clause (deemed predeceased if not found)

8.18 List beneficiaries who may be hard to locate

8.19 Are you currently a guarantor of any debt owed by another person or company?

Yes

8.20 Do you have any outstanding debts owed to you that your trustees should be directed to actively pursue?

Yes — include a limitations clause

8.21 Do you have family members or friends who would need to travel to attend your funeral for whom travel would be a financial burden?

Yes — include expanded funeral expenses clause

8.22 Do you wish to direct that the tax burden of a specific asset be borne by the beneficiary who receives it rather than the residue?

Yes

No — all taxes paid from residue (standard)

Risks of directing tax burden to a beneficiary: (1) if the beneficiary cannot reimburse, the residue bears the cost anyway; (2) pursuing reimbursement from a family member can cause disputes; (3) trustees must pursue reimbursement or face personal liability.

8.23 List each asset and the beneficiary who should bear its tax burden

SECTION 9 — ADMINISTRATIVE MATTERS

These provisions govern how your trustees manage and administer your estate. Most are standard — answer only the questions that apply to your situation.

Powers of Sale and Retention

By default your executor must convert all assets to cash as soon as reasonably possible after your death. This is the legal default under Ontario law. Three options are available:

Option A — Full trustee discretion: your trustees may sell, retain, or postpone the conversion of any asset for as long as they consider appropriate. This is the most flexible option and is suitable for most estates.

Option B — Mandatory conversion: your trustees must convert all assets to cash as soon as reasonably possible. This is the legal default if you say nothing.

Option C — Mixed: trustee discretion applies generally, except that specific named assets must be sold within a specified period of death.

9.1 Which option do you wish to apply?

Option A — Full trustee discretion: trustees may sell, retain or postpone conversion of any asset for as long as appropriate

Option B — Mandatory conversion: trustees must convert all assets to cash as soon as reasonably possible

Option C — Trustee discretion except named assets that must be sold within a specified period

9.2 List assets that must be sold and the required sale period

Trustee Liability and Compensation

9.3 At what level of fault should a trustee lose their protection from liability?

Actual fraud or negligence (standard)

Gross negligence or fraud only (expanded protection — recommended for family trustees without professional experience)

9.4 How should your trustees be compensated?

Standard — claim under Trustee Act (guideline: 2.5%–5% of estate value)

Fixed amount specified by you

No compensation — expenses only

9.5 Fixed compensation amount

9.6 Is any of your trustees a lawyer, accountant, or other professional?

Yes — include professional trustee compensation clause

9.7 Do you wish to expressly confirm that when your trustees retain an agent to help prepare estate accounts, the cost does not reduce their compensation?

Yes — include express confirmation (recommended for complex estates)

Graduated Rate Estate

Graduated Rate Estate — what this means and why it matters

For the first 36 months after your death, your estate qualifies as a Graduated Rate Estate (GRE). During this period, income retained in your estate is taxed at the same progressive rates that apply to individuals — starting low and increasing gradually.

After 36 months, any income retained in the estate is taxed at the highest marginal rate automatically — currently about 53% in Ontario.

Delaying the distribution of your estate for up to 36 months can significantly reduce the taxes your estate pays, particularly where your estate earns significant income during administration, holds charitable gifts with flexible timing, includes a spousal trust with a 3-year extension, or has significant private company interests.

Permissive means your trustees may delay if they consider it appropriate — they have discretion but are not required to delay.

Mandatory means your trustees are directed to take all steps necessary to maintain GRE status and are authorized to retain tax advisors at the estate’s expense for this purpose.

9.8 Should your trustees be permitted or directed to delay distribution for up to 36 months to preserve GRE tax status?

Permissive — trustees may delay if they consider it appropriate (standard)

Mandatory — trustees are directed to take all steps necessary to maintain GRE status

Other Administrative Provisions

9.9 Are you currently a guarantor of any debt owed by another person or company?

Yes — include guarantees clause

No — guarantees clause may be omitted

9.10 Are multiple trustees appointed and is the relationship among them expected to be contentious?

Yes — require all trustees to sign all documents (omit signing authority clause)

No — allow any one trustee to sign documents on behalf of all (standard)

9.11 Is a surviving spouse entitled to all income of a spousal trust under your Will?

Yes — stock dividends should be treated as income for purposes of the spousal trust

No — stock dividends treated as capital (standard)

9.12 Is any trustee also a residuary beneficiary of your estate?

Yes — consider independent appraisal requirement for in specie distributions to trustee-beneficiaries

9.13 Do you wish to give your trustees the additional power to transfer an entire minor beneficiary trust fund to a parent or guardian as successor trustee?

Yes — trustees may transfer the entire fund to a suitable person as successor trustee

No — trustees make individual payments only (standard)

SECTION 10 — PROBATE PLANNING

Estate administration tax (probate tax) in Ontario is approximately $15 per $1,000 of estate value above $50,000. There is no upper limit. Two strategies are available to reduce it.

Strategy 1 — Secondary Will (Private Assets)

How probate tax works and how a Secondary Will reduces it

Estate administration tax (probate tax) in Ontario is approximately $15 per $1,000 of estate value above $50,000. On a $2 million estate this is approximately $28,500.

A Secondary Will covers assets that your executors can transfer without obtaining a Certificate of Appointment of Estate Trustee (probate). Because no Certificate is obtained for the Secondary Will, those assets are not included in the probate tax calculation. Your Primary Will covers everything else.

The Secondary Will is a separate document signed at the same time as your Primary Will. Both Wills name the same executors. The two Wills operate concurrently — each covers its own defined category of assets.

Assets that may qualify: private company shares where all shareholders are family members; partnership or joint venture interests; beneficial interests in trusts; unsecured debts owing to you by family members; and personal property not requiring probate for transfer.

10.1 Do you hold any assets that may qualify for a Secondary Will?

Yes

10.2 List all assets that may qualify for the Secondary Will

10.3 Do you wish to proceed with a Secondary Will to reduce probate tax?

Yes

10.4 Secondary Will — do you wish to give your executors the power to renounce any Private Asset that unexpectedly requires a Certificate of Appointment?

Yes — include disclaimer power (recommended)

This protects the remaining Private Assets from the taint of probate if one asset unexpectedly requires it. Strongly recommended.

Strategy 2 — Situs Will for Foreign Property

If you own real property in another province or country, a separate situs Will drafted under the laws of that jurisdiction deals with that property locally — avoiding the need to reseal or obtain an ancillary grant of the Ontario Certificate in that jurisdiction.

Special note for US property: if you or your spouse is a US citizen, or if you own significant US real property, US estate tax and generation skipping tax may apply. A US-qualified lawyer should review your estate plan before your Wills are signed.

10.5 Do you own real property outside Ontario?

Yes — in another Canadian province

Yes — in a foreign country

10.6 Foreign property details — full address, jurisdiction, approximate value, how title is held, local lawyer if known

10.7 Do you wish to proceed with a situs Will for any foreign property?

Yes

No — foreign property dealt with under the Primary Will

GRE Coordination

10.8 If both a Primary and Secondary Will are being prepared — are the same executors named in both?

Yes — same executors in both Wills (strongly recommended)

No — different executors

SECTION 11 — SIGNING

Your Will must be signed in the presence of two witnesses. Review the rules below carefully before your signing appointment.

Witness rules — please read carefully

1. A witness must not be a beneficiary under your Will, or the spouse of a beneficiary — including contingent beneficiaries. If a witness is also a beneficiary, the gift to that beneficiary is presumed void even though the Will itself remains valid.
2. An executor or the spouse of an executor may act as a witness, provided they are not also a beneficiary.
3. It is good practice to have the testator and witnesses initial each page of the Will to prevent disputes about whether pages were added after signing.
4. Any handwritten changes made to the Will before signing should be initialed by the testator and both witnesses.

Affidavit of execution — strongly recommended

An affidavit of execution is a sworn statement by one of the witnesses confirming that the Will was properly signed. Without it, obtaining probate may require tracing the witnesses years after signing — which often fails because people move, change contact information, or die. Completing the affidavit at the time of signing avoids this problem entirely.

If signing remotely, the affidavit must be adapted to reflect that it was also sworn remotely.

11.1 Will you be signing your Will in person or remotely by video conference?

In person — you and both witnesses in the same location (standard)

Remotely — by video conference such as Zoom, Teams, or FaceTime

Remote signing: you and the witnesses sign from separate locations using audio-visual technology. All participants must be able to see and hear each other at the same time. Each person signs a complete, identical copy of the Will. One witness must be a licensee of the Law Society of Ontario (a lawyer or paralegal).

11.2 Remote signing — name and LSO number of the licensee witness

11.3 Are you or your spouse a US citizen, or do you own significant US real property?

Yes

US estate tax and generation skipping tax may apply. A US-qualified lawyer should review your estate plan before your Wills are signed.

You have completed the Primary Will Questionnaire.

Your answers will be reviewed by Adam Wiseberg of WisebergLaw. You will receive a draft Will for review on your video call. Two separate invoices will be sent — one from The One Day Will ($125 platform fee) and one from WisebergLaw ($374 lawyer fee). All fees subject to HST.

This questionnaire is confidential. Completing it does not create a solicitor-client relationship. A solicitor-client relationship is established only when WisebergLaw confirms your engagement in writing.