Estate law in Ontario encompasses a wide range of legal issues, including wills, powers of attorney, substitute decision-making, guardianship, mental capacity, fiduciary duties, dependent support, trust management, probate, and estate litigation. For many Ontarians, navigating these concepts can be overwhelming, especially when dealing with grief, aging loved ones, complex family dynamics, or uncertainty about future decision-making.

This two-part comprehensive glossary provides clear explanations of essential terms frequently encountered in Ontario estate planning and estate litigation. It is intended as a practical reference point for clients, caregivers, and individuals seeking a better understanding of their legal rights and obligations.

A–C

Adult Capacity / Legal Capacity

The legal ability of an adult to understand information relevant to a decision and appreciate the reasonably foreseeable consequences of that decision. Capacity in Ontario is decision-specific and time-specific. An individual may have capacity for some decisions (e.g., medical consent) but not others (e.g., managing property).

Attorney (Under a Power of Attorney)

A person legally authorized to make decisions on behalf of another individual through a Power of Attorney document. In Ontario, an attorney for property manages financial affairs, while an attorney for personal care makes decisions related to health care and personal well-being. The term “attorney” does not refer to a lawyer in this context.

Beneficiary

A person or organization entitled to receive a gift or benefit under a will, trust, insurance policy, or statutory scheme. Beneficiaries have specific rights in estate administration, including the right to information under certain circumstances.

Bequest / Legacy

A gift left to a beneficiary under a will. A specific bequest refers to a particular item (e.g., jewellery), while a general bequest usually involves a sum of money.

Capacity Assessor (Ontario)

A professional designated under the Substitute Decisions Act who is authorized to assess whether an individual is incapable of managing property or personal care. They must be a member of a regulated profession (usually social work, psychiatry, nursing, psychology, or occupational therapy) and listed on the government roster.

Certificate of Appointment of Estate Trustee (Formerly “Probate”)

A court-issued certificate confirming the authority of the estate trustee to administer a deceased person’s estate. Required when third parties, such as banks or the Land Registry, need assurance of legal authority.

Child / Dependent Child (Under the SLRA)

For the purposes of dependent support claims under the Succession Law Reform Act (SLRA), a “child” includes biological, adopted, and sometimes stepchildren if financially dependent on the deceased.

Codicil

A legal document that formally changes, revokes, or updates provisions of an existing will without replacing the entire will.

Committee / Committeeship (Other Jurisdictions)

In Ontario, a person and/or trust corporation appointed by court order under the Absentees Act to provide for the care, custody and management of property of an Absentee (missing beneficiary).

While not used in Ontario, this term often appears in cross-jurisdictional estate matters. In some other provinces or jurisdictions, “committee” refers to a guardian appointed for a mentally incapable adult.

Contingent Beneficiary

A beneficiary who receives a gift only if a specific event occurs (e.g., if a primary beneficiary dies before the testator).

D–F

Dependant Support Claim (or Dependant Relief Claim)

A claim filed under Part V of the Succession Law Reform Act (SLRA) by a spouse, parent, child, or other dependant (as defined under the SLRA) who believes the deceased failed to make adequate provision for their proper support.

Doctrine of Resulting Trust

A common law presumption that when one person transfers property to another without consideration, the recipient holds the property in trust for the transferor. This doctrine is frequently litigated in parent–adult child property transfers and joint account disputes, especially after the Supreme Court’s decision in Pecore v. Pecore.

Estate Administration Tax

Commonly referred to as “probate tax,” it is calculated based on the estate’s value at the time of death and paid when applying for a Certificate of Appointment.

Estate Trustee

The legal representative responsible for administering the deceased’s estate. They usually fall within one of two categories:

• Estate Trustee With a Will
  
• Estate Trustee Without a Will (appointed under intestacy)

Executor / Executrix

Traditional terms for a person appointed in a will to administer the estate. Ontario law now uses “estate trustee,” though the older terminology is still widely used.

Fiduciary Duty

A high standard of care imposed on individuals entrusted with managing the affairs of others (e.g., trustees, attorneys under a power of attorney, guardians, estate trustees). Fiduciaries must act honestly, in good faith, and only for the benefit of the person or estate they serve.

Family Law Act (FLA) – Election

A surviving married spouse may choose to receive either (1) their entitlement under the will, or (2) an equalization payment under the Family Law Act, but not both. This election often arises in blended family scenarios or contentious estate disputes.

G–I

Guardian of Property

A person appointed by the court or named under a statutory scheme to manage the property and financial affairs of an incapable adult. Governed by the Substitute Decisions Act.

Guardian of the Person

A person appointed to make personal care decisions (such as health care, shelter, nutrition, clothing, and hygiene) for an incapable adult. Also governed by the SDA.

Holograph Will

A will that is entirely handwritten in the testator’s handwriting and signed and dated by the testator. It does not require witnesses under Ontario law, but it must clearly reflect testamentary intent.

Independent Medical Examination

A medical assessment performed by a qualified professional, often used in capacity disputes or elder law litigation to determine cognitive ability, decision-making capacity, or vulnerability.

Intestate / Intestacy

A person dies “intestate” if they die without a valid will. Their estate is distributed according to the intestacy provisions of the Succession Law Reform Act.

J–L

Joint Tenancy

A form of property ownership in which co-owners have a right of survivorship, meaning the surviving owner automatically acquires the deceased owner’s interest. Frequently litigated where there are allegations of undue influence, resulting trust, or misuse of joint accounts.

Litigation Guardian

A person appointed under the Rules of Civil Procedure to represent a party who lacks capacity to participate in litigation (e.g., a minor or an incapable adult).

Letters Probate / Letters of Administration

Older terms for probate documents formerly used in Ontario. They have been replaced by the “Certificate of Appointment of Estate Trustee.”

Living Will

Colloquial term for an advance-care directive outlining a person’s wishes for future medical treatment. In Ontario, these instructions are usually incorporated into a Power of Attorney for Personal Care or expressed orally to a substitute decision-maker.

Lump Sum Support (Dependants)

A one-time monetary award granted through a dependant support application under the SLRA, determined by factors such as need, standard of living, and the deceased’s obligations during life.

Contact Eisen Law in Toronto for Comprehensive Estate Litigation Services

Part 2 of our two-part estate law glossary will outline terms beginning with M-Z.

Eisen Law operates as a focused boutique dedicated solely to estate litigation, trust disputes, guardianship matters, and elder law. Our team brings decades of combined experience guiding clients through a broad spectrum of intricate and highly specialized legal challenges. Our estate litigation lawyers have extensive courtroom experience and frequently appear before all levels of the Ontario courts, including the Superior Court, the Divisional Court, and the Court of Appeal. To book a confidential consultation, please contact us online or call 416-591-9997.