Wills and Estates
Clear wills and powers of attorney for the people who depend on you.
Drafting a will, naming a power of attorney for property and personal care, or guiding an executor through estate administration in Ontario. James Moon explains each document in Korean or English so your family is never guessing what you intended.
Questions ↓
Two documents that protect the people you love, long before anyone needs them.
Most people put off writing a will. It feels distant, even uncomfortable, until a birth, a diagnosis, or a death in the family makes it urgent. By then, decisions that should have taken weeks are made in days.
Moon Trial Lawyer drafts wills, powers of attorney for property, and powers of attorney for personal care for individuals and families across Ontario. James also guides executors through estate administration, including applications for probate when a bank, land registry office, or other institution requires one. Every document is reviewed in Korean or English, so the people who need to understand it actually do.
This page is general information, not legal advice for your specific estate. If you are unsure whether you need a new will or an updated power of attorney, that is exactly the kind of question worth asking before something forces the issue.
Questions
Common questions, answered.
General information, not legal advice. Contact James to find out what applies to your situation.
What happens if I die without a will in Ontario?
The Succession Law Reform Act sets out who inherits when there is no will. Your spouse and children receive fixed shares determined by the formula in the Act, not by what you would have chosen. If you have no spouse or children, the law works through a set list of other relatives. Dying without a will also means the court appoints your estate trustee, rather than you choosing someone you trust.
What is the difference between a power of attorney for property and for personal care?
Both are created under the Substitute Decisions Act. A power of attorney for property lets someone manage your finances and legal affairs, such as paying bills or handling bank accounts. A power of attorney for personal care lets someone make decisions about your health care, housing, and daily needs if you become unable to make them yourself. Most people need both, and they are not the same document.
What does an executor do, and will my estate need probate?
An executor, called an estate trustee in Ontario, gathers the estate's assets, pays debts and taxes, and distributes what remains according to the will. Whether probate, formally a Certificate of Appointment of Estate Trustee, is required depends on what the estate owns. Banks, land registry offices, and other institutions often ask for one before releasing funds or transferring property, even when the will is clear.
When should I update my will?
Review your will after a marriage, separation, divorce, the birth or adoption of a child, buying or selling property, or the death of a spouse or executor. Since January 2022, marriage no longer automatically revokes a will in Ontario, but that only makes it more important to update one yourself rather than assume the old one still fits your life.
Can I write my own will, or should a lawyer prepare it?
Ontario law allows a valid will in more than one form, including a handwritten holograph will. The risk is in the details. A will that is unclear, incorrectly signed, or missing a required witness can fail at the exact moment your family needs it to work. A lawyer-prepared will is drafted to hold up, with the execution done correctly the first time.
Can documents be reviewed in Korean for family members who do not read English?
Yes. James is fully bilingual in Korean and English. Wills, powers of attorney, and estate documents are often written in English by necessity, but that does not mean every family member has to take the English wording on faith. James reviews and explains the documents in Korean so parents, adult children, or other relatives understand exactly what they are signing or relying on.
Talk to James.
Tell us what happened, in English or Korean, and we will get back to you shortly.
Call 647 702 9838