Wills & Estates lawyers in Canada

Wills and powers of attorney, probate, estate administration and estate disputes. Probate fees and the rules for dying without a will are different in every province.

Lawyers
54 listed lawyers' firms cover wills and estates
Cities
in 20 cities

Find a wills and estates lawyer near you

Wills & Estates law in Canada: what to know

The rules depend on your province, so the points below are set out province by province.

Ontario

  • Probate in Ontario is a Certificate of Appointment of Estate Trustee, issued by the Superior Court of Justice. You apply at the court for the county or district where the person lived.
  • Estate Administration Tax is $15 for every $1,000 of the estate's value above $50,000. Estates worth $50,000 or less pay none.
  • Estates worth up to $150,000 can use the simpler Small Estate Certificate.
  • If there is no will, the Succession Law Reform Act decides who inherits — generally the married spouse and closest next of kin. A common-law spouse does not inherit under that Act.
  • Powers of attorney for property and for personal care let someone you trust act for you if you can't.

British Columbia

  • Probate is a court-supervised process that checks a will is real and is the last one the person made. You can apply for a grant of probate in any BC Supreme Court registry.
  • Probate fees depend on the value of the estate and are set by the Probate Fee Act.
  • If there is no will and no descendants, the spouse inherits the whole estate. If there are descendants, the spouse receives $300,000 — or $150,000 if not all the children are also the spouse's — plus half of the rest, and the descendants share the other half.
  • If there is no will, someone can apply for a grant of administration. If no one is willing or able, the Public Guardian and Trustee of British Columbia may administer the estate.

Alberta

  • The Court of King's Bench oversees probate — the official proving of a will — and the administration of estates.
  • The court fee for a grant of probate or administration depends on the net value of the property in Alberta: $35 up to $10,000, $135 up to $25,000, $275 up to $125,000, $400 up to $250,000 and $525 above $250,000.
  • If you die without a will, the Wills and Succession Act sets out how and to whom your property is transferred. The share for a spouse or adult interdependent partner depends on whether there are children from another relationship — see the Act or ask a lawyer.

Saskatchewan

  • Wills and estates are handled by the Court of King's Bench. The probate fee is $7 on every $1,000 of value passing through the estate, plus a $200 filing fee.
  • When someone dies without a will: if there is a spouse and all the children are also the spouse's children, the spouse inherits the whole estate. If the person who died had a child who is not the spouse's, the spouse receives the first $200,000 and then half of the rest if there is one child, or one third if there is more than one; the children share what is left.
  • For inheritance, a spouse includes a partner who lived with the person as a spouse continuously for at least two years.

Manitoba

  • The Probate Division of the Court of King's Bench in Winnipeg is the central registry for all probate matters in the province.
  • Manitoba eliminated its probate charges on 6 November 2020, so there is no fee based on the value of the estate. Other court fees and legal fees still apply.
  • When someone dies without a will: if there is a spouse or common-law partner and no children — or all the children are also that partner's children — the partner inherits the whole estate. If the person who died had a child from another relationship, the partner receives $50,000 or half of the estate, whichever is greater, plus half of what is left; the children share the rest.

Nova Scotia

  • The Probate Court of Nova Scotia has authority over the appointment of executors and administrators in all estate matters.
  • Probate tax depends on the value of the estate: $85.60 for an estate up to $10,000, $215.20 up to $25,000, $358.15 up to $50,000 and $1,002.65 up to $100,000; above that it is $1,002.65 plus $16.95 for every $1,000 (or part of $1,000) over $100,000.
  • When someone dies without a will: if there is a spouse and no children, the spouse inherits the whole estate. If there are children, the spouse receives the first $50,000 and then half of the rest if there is one child, or one third if there is more than one; the children share what is left.

New Brunswick

  • The Probate Court of New Brunswick grants letters probate and supervises the administration and distribution of estates.
  • Probate tax went up on 12 June 2026. It is now $200 where the estate is worth $20,000 or less; $200 plus $5 for every $1,000 over $20,000 for estates up to $100,000; and $600 plus $15 for every $1,000 over $100,000 above that.
  • When someone dies without a will: if there is a surviving spouse and no children, the spouse inherits the whole estate. If there are children, the spouse receives the couple's marital property and then half of the rest if there is one child, or one third if there is more than one; the children share what is left.

Newfoundland and Labrador

  • The Supreme Court of Newfoundland and Labrador has jurisdiction over the appointment and supervision of executors and administrators of estates.
  • The court fee for letters of probate or administration is $60 for an estate up to $1,000, plus $0.60 for each additional $100.
  • When someone dies without a will: if there is a spouse and no children, the spouse inherits the whole estate. If there is a spouse and one child, the spouse receives half; if there is more than one child, the spouse receives one third. The children share the rest.

Prince Edward Island

  • The Estates Section of the Supreme Court of Prince Edward Island grants probate and administration.
  • Probate fees are set by a schedule to the Probate Act and depend on the value of the estate.
  • When someone dies without a will: if there is a spouse and no children, the spouse inherits the whole estate. If there is a spouse and one child, the spouse receives half; if there is more than one child, the spouse receives one third. The children share the rest.

Lawyers focusing on wills and estates work

Lawyers whose own published profile focuses on wills and estates work. Each lawyer was checked on their provincial law society's public directory before being listed — check again before you hire, as people move firms.

Jacy J. Wingson, KC · Partner, Estates · Surrey

13450 102 Avenue, Suite 1500, Surrey, BC V3T 5X3

Partner whose practice is estate planning and administration, and estates and trust litigation, including contested estates and property disputes. The firm also covers family law, residential real estate and personal injury.

33+ years experienceView profileRequest a callback

Richard Weiland · Partner, Estates & Trusts Co-Chair · Vancouver

885 West Georgia Street, Suite 900, Vancouver, BC V6C 3H1

Co-chairs the firm's Estates and Trusts group and chairs its tax group. He advises private business owners, trustees and charities on tax, estate and business succession planning and trust administration. The firm also has a family law group.

24+ years experienceView profileRequest a callback

Craig Ross · Partner, Head of Wills, Estates & Trusts · Mississauga

77 City Centre Drive, West Tower, Suite 300, Mississauga, ON L5B 1M5

Heads the firm's Wills, Estates and Trusts group. His work covers estate planning, estate administration and estate litigation, guardianship and capacity matters, powers of attorney, family business succession and trusts for beneficiaries with disabilities. The firm also has an employment and labour practice.

20+ years experienceView profileRequest a callback

Amanda S.A. Doucette, TEP · Partner · Saskatoon

123 2nd Avenue South, Suite 500, Saskatoon, SK S7K 7E6

Partner practising tax, trust and estate law, including wills and estate planning and cross-border planning. The firm also covers family law, employment law for employees and employers, home purchases and sales, and personal injury and medical malpractice claims.

18+ years experienceView profileRequest a callback

Jorden P. Gregory · Partner · Kitchener-Waterloo

101 Randall Drive, Unit A, Waterloo, ON N2V 1C5

Partner whose practice areas are wills, trusts and estates, real estate law and corporate and commercial work. He began his career at the firm in 2016 and returned after working as in-house counsel and at another Waterloo firm. The firm also covers family law, employment law and personal injury.

Experience on requestView profileRequest a callback

Common questions about wills and estates lawyers in Canada

Where do I apply for probate in Ontario?

In Ontario probate is called a Certificate of Appointment of Estate Trustee. You apply to the Superior Court of Justice at the court for the county or district where the person lived when they died.

How much does probate cost in Ontario?

Estate Administration Tax is $15 for every $1,000 (or part of $1,000) of the estate's value above $50,000. Nothing is charged on the first $50,000, so an estate worth $50,000 or less pays no tax. Legal fees are separate.

What happens if someone dies without a will in Ontario?

Ontario's Succession Law Reform Act sets out how the estate is shared. In general the people who can inherit are the married spouse and the closest next of kin; the Act and its regulation set the spouse's share and how the rest is divided with any children. A common-law spouse does not inherit under the Act, though they may have other claims. A lawyer can tell you who inherits in your situation.

Is there a simpler process for small estates in Ontario?

Yes. If the estate is worth up to $150,000 you can apply for a Small Estate Certificate, which uses simpler forms than a full Certificate of Appointment of Estate Trustee.

Are the wills and estates lawyers listed for Ontario licensed?

To practise law in Ontario a lawyer must be licensed by the Law Society of Ontario, which also licenses paralegals. You can look up anyone in the Law Society's public Lawyer and Paralegal Directory, which shows their status and any discipline history. Each lawyer on these pages was checked in that directory before being listed, but people move firms, so check again before you hire. Complaints about a lawyer go to the Law Society.

Where do I apply for probate in British Columbia?

You can apply for a grant of probate — or, if there is no will, a grant of administration — in any BC Supreme Court registry.

How much does probate cost in British Columbia?

Probate fees depend on the value of the estate and are set by BC's Probate Fee Act. Ask the Supreme Court registry or a lawyer for the fee on your estate. Legal fees are separate.

What happens if someone dies without a will in British Columbia?

The Wills, Estates and Succession Act decides who inherits. If there is a spouse and no descendants, the spouse inherits the whole estate. If there are descendants, the spouse receives $300,000 — or $150,000 if not all the children are also the spouse's children — plus half of the rest, and the descendants share the other half. Someone must apply for a grant of administration to deal with the estate.

Are the wills and estates lawyers listed for British Columbia licensed?

To practise law in British Columbia a lawyer must be a member of the Law Society of British Columbia. You can look up any lawyer in the Law Society's public Lawyer Directory, which shows their practising status and any discipline history. Each lawyer on these pages was checked in that directory before being listed, but people move firms, so check again before you hire. Complaints about a lawyer go to the Law Society.

Where do I apply for probate in Alberta?

Applications for a grant of probate — or, if there is no will, a grant of administration — go to the Court of King's Bench.

How much does probate cost in Alberta?

The court fee depends on the net value of the property in Alberta: $35 for $10,000 or less, $135 up to $25,000, $275 up to $125,000, $400 up to $250,000 and $525 above $250,000. Legal fees are separate.

What happens if someone dies without a will in Alberta?

The Wills and Succession Act sets out how and to whom the property is transferred. What a spouse or adult interdependent partner receives depends on whether the person who died had children from another relationship. Someone must apply for a grant of administration to deal with the estate. See the Act or ask a lawyer for the shares that apply.

Are the wills and estates lawyers listed for Alberta licensed?

To practise law in Alberta a lawyer must be a member of the Law Society of Alberta. You can look up any lawyer in the Law Society's public Lawyer Directory, which shows whether they are currently practising and any discipline history back to 1 January 2015. Each lawyer on these pages was checked in that directory before being listed, but people move firms, so check again before you hire. Complaints about a lawyer go to the Law Society.

Where do I apply for probate in Saskatchewan?

Wills and estates are handled by the Court of King's Bench. The application forms are filed with the court together with the fees.

How much does probate cost in Saskatchewan?

The probate fee is $7 on every $1,000 of value passing through the estate, plus a $200 filing fee. On an estate of $300,000 the probate fee is $2,100. Legal fees are separate.

What happens if someone dies without a will in Saskatchewan?

The Intestate Succession Act, 2019 decides who inherits. If there is a spouse and all the children are also the spouse's children, the spouse inherits the whole estate. If the person who died had a child who is not the spouse's, the spouse receives the first $200,000 and then half of the rest if there is one child, or one third if there is more than one; the children share what is left. Someone must apply to the court to administer the estate.

Are the wills and estates lawyers listed for Saskatchewan licensed?

To practise law in Saskatchewan a lawyer must be a member of the Law Society of Saskatchewan. You can look up any lawyer in the Law Society's public directory, which shows where they practise and has a discipline column; the Law Society also publishes its discipline decisions. Each lawyer on these pages was checked in that directory before being listed, but people move firms, so check again before you hire. Concerns about a lawyer go to the Law Society.

Where do I apply for probate in Manitoba?

Probate is granted by the Court of King's Bench. Its Probate Division in Winnipeg is the central registry for all probate matters in the province.

How much does probate cost in Manitoba?

Manitoba eliminated its probate charges on 6 November 2020, so there is no longer a charge based on the value of the estate. Other court fees and legal fees still apply.

What happens if someone dies without a will in Manitoba?

The Intestate Succession Act decides who inherits. If there is a spouse or common-law partner and no children — or all the children are also that partner's children — the partner inherits the whole estate. If the person who died had a child from another relationship, the partner receives $50,000 or half of the estate, whichever is greater, plus half of what is left; the children share the rest. For inheritance, a common-law partner is one who registered the relationship, or lived with the person for at least three years, or for at least one year if they have a child together.

Are the wills and estates lawyers listed for Manitoba licensed?

To practise law in Manitoba a lawyer must be a member of the Law Society of Manitoba. You can look up any lawyer in the Law Society's public Lawyer Lookup, which shows their practising status and, under their practice history, any discipline history or restriction. Each lawyer on these pages was checked there before being listed, but people move firms, so check again before you hire. Complaints about a lawyer go to the Law Society.

Where do I apply for probate in Nova Scotia?

Applications go to the Probate Court of Nova Scotia, which appoints executors and administrators.

How much does probate cost in Nova Scotia?

Probate tax is $85.60 for an estate up to $10,000, $215.20 up to $25,000, $358.15 up to $50,000 and $1,002.65 up to $100,000; above that it is $1,002.65 plus $16.95 for every $1,000 (or part of $1,000) over $100,000. On a $300,000 estate that is $4,392.65. Legal fees are separate.

What happens if someone dies without a will in Nova Scotia?

The Intestate Succession Act decides who inherits. If there is a spouse and no children, the spouse inherits the whole estate. If there are children, the spouse receives the first $50,000 and then half of the rest if there is one child, or one third if there is more than one; the children share what is left. The spouse can choose to take the home as part of that share.

Are the wills and estates lawyers listed for Nova Scotia licensed?

To practise law in Nova Scotia a lawyer must be a member of the Nova Scotia Barristers' Society. You can look up any lawyer in the Society's public lawyer search to check their status and to see whether they have been formally disciplined. Each lawyer on these pages was checked there before being listed, but people move firms, so check again before you hire. Complaints about a lawyer go to the Society.

Where do I apply for probate in New Brunswick?

Applications go to the Probate Court of New Brunswick, which grants letters probate and supervises the administration of estates.

How much does probate cost in New Brunswick?

Probate tax rates went up for applications filed on or after 12 June 2026. The tax is $200 where the estate is worth $20,000 or less; $200 plus $5 for every $1,000 over $20,000 for estates up to $100,000; and $600 plus $15 for every $1,000 over $100,000 above that. On a $300,000 estate that is $3,600. Legal fees are separate.

What happens if someone dies without a will in New Brunswick?

The Devolution of Estates Act decides who inherits. If there is a surviving spouse and no children, the spouse inherits the whole estate. If there are children, the spouse receives the couple's marital property and then half of the rest if there is one child, or one third if there is more than one; the children share what is left.

Are the wills and estates lawyers listed for New Brunswick licensed?

To practise law in New Brunswick a lawyer must be a member of the Law Society of New Brunswick. You can look up any practising lawyer in the Law Society's public Lawyer Search, and it publishes a list of complaints referred to its Discipline Committee. Each lawyer on these pages was checked in the Lawyer Search before being listed, but people move firms, so check again before you hire. Complaints about a lawyer go to the Law Society.

Where do I apply for probate in Newfoundland and Labrador?

Applications go to the Supreme Court of Newfoundland and Labrador, which appoints and supervises executors and administrators.

How much does probate cost in Newfoundland and Labrador?

The court fee for letters of probate or administration is $60 for an estate up to $1,000, plus $0.60 for each additional $100 — about $1,254 on a $200,000 estate. Legal fees are separate.

What happens if someone dies without a will in Newfoundland and Labrador?

The Intestate Succession Act decides who inherits. If there is a spouse and no children, the spouse inherits the whole estate. If there is a spouse and one child, the spouse receives half; if there is more than one child, the spouse receives one third. The children share the rest.

Are the wills and estates lawyers listed for Newfoundland and Labrador licensed?

To practise law in Newfoundland and Labrador a lawyer must be a member of the Law Society of Newfoundland and Labrador. Its online Lawyer Directory lists the lawyers practising in the province with their contact details, and the Law Society publishes its disciplinary decisions. Each lawyer on these pages was checked in the directory before being listed, but people move firms, so check again before you hire. Complaints about a lawyer go to the Law Society, in writing.

Where do I apply for probate in Prince Edward Island?

Applications go to the Estates Section of the Supreme Court of Prince Edward Island.

How much does probate cost in Prince Edward Island?

Probate fees are set by a schedule to the Probate Act and depend on the value of the estate. Ask the Supreme Court's Estates Section or a lawyer for the fee on your estate. Legal fees are separate.

What happens if someone dies without a will in Prince Edward Island?

The Probate Act decides who inherits. If there is a spouse and no children, the spouse inherits the whole estate. If there is a spouse and one child, the spouse receives half; if there is more than one child, the spouse receives one third. The children share the rest.

Are the wills and estates lawyers listed for Prince Edward Island licensed?

To practise law in Prince Edward Island a lawyer must be a member of the Law Society of Prince Edward Island. You can look up practising lawyers in the Law Society's online lawyer directory to verify their status, and it publishes discipline case summaries. Each lawyer on these pages was checked in the directory before being listed, but people move firms, so check again before you hire. Complaints about a lawyer go to the Law Society, in writing.

Other areas of law