Ontario estate law covers a broad range of issues, including wills, powers of attorney, substitute decision-making, guardianship, capacity, fiduciary duties, dependent support, trusts, probate, and estate litigation. These concepts can be challenging to navigate, particularly during periods of grief, caregiving, or family conflict.

This two-part blog series serves as a glossary, offering clear and accessible definitions of key terms commonly encountered in estate planning and litigation. It provides a practical reference for clients, caregivers, and anyone seeking to better understand their rights and responsibilities. In our first blog of the series, we reviewed terms beginning with A-L. In this second part of the series, we look at terms beginning with M-Z.

M–O

Mediation (Estate Litigation)

A mandatory step in most Ontario estate, trust, and guardianship disputes under Rule 75.1 of the Rules of Civil Procedure. Mediation facilitates resolution without a trial, allowing parties to negotiate confidentially.

Mental Capacity / Cognitive Capacity

The ability to understand information and appreciate consequences regarding personal care, financial decisions, will-making, or powers of attorney. Capacity is assessed according to legal (not solely medical) standards.

Minor Beneficiary

A beneficiary under age 18. Estate trustees must hold their share in trust until they reach the specified age, or funds may be paid into court under the Children’s Law Reform Act.

Notice of Objection (Form 75.1)

A formal document filed in court to oppose the appointment of an estate trustee or challenge the validity of a will. It effectively halts the probate process until the dispute is resolved or the objection is withdrawn.

Notice to Creditors

A notice published by the estate trustee inviting creditors to come forward within a specific period. Protects the trustee from liability if unknown debts later surface.

Office of the Public Guardian and Trustee (PGT)

A branch of Ontario’s Ministry of the Attorney General responsible for protecting the financial and personal interests of mentally incapable adults, minors, charitable property, and estates where no next-of-kin can act.

P–R

Passing of Accounts

A court-supervised review of an estate trustee’s, attorney’s, or guardian’s accounts. Beneficiaries may object to expenses, compensation, or management decisions. Passing of accounts can be voluntary or court-ordered.

Power of Attorney for Personal Care

A legal document appointing an individual to make decisions about health care, nutrition, shelter, and safety if the grantor becomes incapable.

Power of Attorney for Property

A legal document giving someone authority to manage financial affairs, including paying bills, managing investments, or selling property. It can be continuing (remaining valid during incapacity) or non-continuing (valid only while the grantor has capacity).

Probate

The court process of validating a will and appointing an estate trustee. Though the term “probate” is no longer technically used in Ontario, it remains the common shorthand.

Proof in Solemn Form

A process requiring a will’s proponent to prove its validity through sworn evidence or testimony in court, usually in response to a will challenge.

Resealing Probate

The process by which an out-of-province probate certificate is recognized in Ontario under the Estates Act, allowing estate administration in Ontario jurisdictions.

Residue / Residuary Estate

The portion of an estate remaining after payment of debts, taxes, specific gifts, and expenses. Typically distributed to residuary beneficiaries.

Resulting Trust (See also Doctrine of Resulting Trust)

A trust presumed to arise when property is transferred without consideration, commonly applied in joint account disputes or family property transfers.

S–U

Seniors’ Rights 

A broad term describing statutory and common-law rights relating to older adults, including rights under the Substitute Decisions Act, Health Care Consent Act, Fixing Long-Term Care Act, and the Canadian Charter of Rights and Freedoms.

Severance of Joint Tenancy

A legal process that converts joint tenancy into tenancy-in-common, removing the right of survivorship. Can occur through mutual agreement, unilateral action, or litigation.

Slayer Rule / Forfeiture Rule

A principle preventing a person from profiting from a crime they committed, such as preventing a murderer from inheriting from their victim’s estate.

Springing Power of Attorney

A power of attorney that becomes effective upon the occurrence of a specific event, such as loss of capacity. Less common due to operational challenges around proving the “triggering” event.

Substitute Decision-Maker (SDM)

A person authorized (either by statute, court order, or power of attorney) to make decisions on behalf of an incapable individual. The Health Care Consent Act establishes a hierarchy of SDMs for medical decisions.

Substitute Decisions Act (SDA)

The primary legislation governing substitute decision-making, guardianship, capacity assessments, and powers of attorney for adults in Ontario.

Succession Law Reform Act (SLRA)

The key statute governing wills, intestacy, and dependent support claims in Ontario. Significant amendments in 2021 introduced electronic signatures and remote witnessing.

Tenancy-in-Common

A form of co-ownership without right of survivorship. Each owner’s share automatically forms part of their estate when they die.

Testamentary Capacity

The legal ability to make a valid will. The testator must understand the nature of a will, the extent of their property, and the legal and moral obligations owed to dependants.

Testator / Testatrix

The individual who makes a will. “Testator” is gender-neutral and preferred in modern drafting.

Trust

A legal arrangement in which one person (the trustee) holds and manages property for the benefit of another person (the beneficiary), as specified by the person who created the trust (the settlor). In Ontario estate law, trusts are frequently utilized to manage assets, protect vulnerable beneficiaries, and control the distribution of property during life or upon death.

Trustee

A person or institution holding property in trust for beneficiaries. Trustees owe fiduciary duties and may be required to pass their accounts.

Undue Influence

Improper or coercive pressure placed on a testator or vulnerable adult that overcomes their free will. Undue influence is a frequent ground for will challenges and power of attorney litigation.

V–Z

Variation of Trusts

A court-approved modification of the terms of a trust, often required when the trust affects minors or incapable individuals who cannot consent.

Vesting

The moment when a beneficiary’s interest becomes legally enforceable. Vesting may occur at death, upon reaching a certain age, or following a triggering event described in the will.

Virtual Execution (Wills)

First permitted under emergency legislation during COVID-19 and now codified in the Succession Law Reform Act (SLRA), allowing wills to be witnessed remotely through audio-visual technology.

Will

A legally binding document that sets out how a person’s property, responsibilities, and final wishes are to be handled after their death. In Ontario, a valid will allows the testator to name beneficiaries, appoint an executor, and provide instructions for distributing assets, caring for dependants, and managing the estate.

Will Challenge

A legal proceeding disputing the validity of a will based on grounds such as lack of testamentary capacity, undue influence, fraud, improper execution, or suspicious circumstances.

Witnesses (Will Execution Requirements)

Two witnesses are generally required for a valid will in Ontario, unless it is a holograph will. Witnesses cannot generally be beneficiaries or their spouses.

Eisen Law: Providing Compassionate Estate Litigation Services in Toronto

For families facing conflict or uncertainty, timely legal advice can help preserve relationships, protect vulnerable adults, and ensure that estates are administered in accordance with Ontario law. The estate litigation lawyers at Eisen Law ensure that clients have a clear understanding of the concepts involved in their particular matter, empowering them to make informed decisions. To book a confidential consultation, please call 416-591-9997 or contact us online.