Free AI help for wills, trusts & estate law

Yes, using our AI legal assistant is completely free of charge. You can ask questions, receive information, and explore your options without any costs whatsoever. There are no hidden charges, subscription fees, or obligations. We believe in making estate planning information more accessible, particularly when you're beginning to navigate these important legal matters.

Our AI assistant provides information based on publicly available Canadian estate planning and probate law and is regularly updated to reflect current federal and provincial legislation and legal principles. However, estate planning laws vary by province, and every situation has unique aspects that may affect how legal principles apply. While the information is designed to be helpful and informative, it cannot account for every detail of complex situations or specific provincial requirements. For definitive guidance on your specific circumstances, a qualified lawyer can provide personalized advice.

Probate is the legal process through which a deceased person's will is validated and their estate is administered under court supervision. In Canada, probate procedures and fees vary significantly by province. Generally, the process involves filing the will with the provincial court, appointing an executor (called an "estate trustee" in some provinces), inventorying assets, paying debts and taxes, and distributing remaining assets to beneficiaries. Not all estates require probate - it depends on the value and types of assets involved, and some provinces have simplified procedures for smaller estates.

Yes, you can write a will without a lawyer, and it can be legally valid if it meets your province's requirements. Most provinces require the will to be in writing, signed by you, and witnessed by two independent witnesses (though some provinces recognise handwritten or "holographic" wills). However, for complex estates, blended families, or significant assets, professional legal advice is often recommended to ensure your will is valid, achieves your objectives, and minimizes potential tax consequences.

When someone dies without a valid will (called dying "intestate"), their estate is distributed according to intestacy laws set by their province. These laws determine who inherits and in what order - typically surviving spouses, children, parents, and other relatives in a specific hierarchy that varies by province. The court will appoint an administrator (usually the closest relative) to handle the estate. Provincial intestacy rules can vary significantly, particularly regarding spousal and common-law partner rights.

The terminology varies by province. In Ontario, "probate" specifically refers to the court process of validating a will, while "estate administration" is the broader term for managing the estate. Some provinces use "letters probate" for estates with a will and "letters of administration" for estates without a will. The key distinction is whether there's a valid will naming an executor or whether the court must appoint an administrator to follow intestacy rules.

Yes, wills can be contested in Canada on several grounds including lack of mental capacity when the will was made, undue influence, fraud, duress, or improper execution. The specific procedures and time limits for contesting a will vary by province. Surviving spouses and dependant may also have rights to claim support from the estate under provincial dependant relief legislation, even if omitted from the will. However, will contests can be complex, time-consuming, and costly, so it's important to understand the legal grounds and prospects of success before proceeding.

Our AI assistant can help you identify situations where speaking to a lawyer may be beneficial. While it's not a substitute for legal advice, it can guide you through common questions and help you understand when professional support might be the right next step. In general, we recommend consulting a lawyer for more complex matters such as tax planning involving deemed disposition, setting up trusts, contested probate, estates involving business interests, cross-border assets, or if you're unsure about your province's specific legal requirements. Simple wills and straightforward probate matters might not require professional help, but lawyers can provide peace of mind and ensure everything is handled correctly according to your province's laws.