Frequently Asked Questions

Are online wills valid in Brampton, Ontario?
Yes, online wills created through LexWills are legally valid in Brampton as long as they comply with the Succession Law Reform Act: written, signed by you, and witnessed by two independent adults who both sign. Brampton is in Ontario, so Ontario will laws apply. Online wills are straightforward and affordable for Brampton residents with simple estates. If your situation involves dependents, business interests, or significant assets, consulting a Brampton estate lawyer or having your completed online will reviewed is recommended.
Relevant legislation: Succession Law Reform Act, S.O. 1990, c. S.26, s. 3
Can I create an online will in Brampton while working in Toronto?
Yes, you can create an online will from anywhere—you don't need to be physically in Brampton or Ontario to use LexWills. However, you must sign and have it witnessed in Ontario (where the will must be executed). If you work in Toronto and live in Brampton, use LexWills to draft while at work, then schedule a signing ceremony with witnesses in Brampton before returning. Your will is valid regardless of where you draft it, as long as execution meets Ontario requirements.
Relevant legislation: Succession Law Reform Act, S.O. 1990, c. S.26, s. 3(1)
What if I have children with different mothers—which will should I use?
You create one will that covers all your children, regardless of their mothers. However, blended family wills require careful planning to avoid disputes. You should explicitly address: whether children from different relationships inherit equally, whether a current spouse receives everything (risking adult children's claims) or only income from a trust, and guardianship for minor children. Online wills can handle this, but blended family provisions are complex. Having a Brampton family lawyer review or draft the will ensures clarity and reduces conflict risk.
Relevant legislation: Succession Law Reform Act, S.O. 1990, c. S.26, Part II
Can a Brampton lawyer review my LexWills document?
Yes. Lexaltico and other Brampton lawyers offer will review services. We can examine your completed LexWills document for errors, missing provisions, ambiguities, or tax issues before you sign. A review typically costs $300-$800. For complex family situations, we can also recommend improvements or help you draft a custom will. Many Brampton residents find a quick review worthwhile insurance against costly mistakes.
Relevant legislation: Law Society of Ontario
What happens to my LexWills will if I become mentally incapacitated before signing?
If you lose capacity before signing your will, the unsigned draft is worthless—Ontario law requires a valid will to be signed while you have mental capacity. To be "of sound mind," you must understand the nature of your property, who your dependents are, and how your will affects them. If you become incapacitated before signing, your estate is distributed intestate under the Succession Law Reform Act—usually not your intended outcome. This is why it's important to complete and sign your will promptly once drafted.
Relevant legislation: Succession Law Reform Act, S.O. 1990, c. S.26, s. 3
Should I appoint a Brampton executor in my online will?
You can appoint anyone as executor—they don't need to live in Brampton or even Ontario. However, if your executor lives far away, they may find it inconvenient to manage your estate (meeting with lawyers, banks, handling property sales, etc.). Appointing a local executor (a Brampton resident or family member nearby) is often more practical. You can also appoint a corporate executor (a bank or trust company) if no family member is suitable. Name a backup executor in case your first choice dies or refuses the role.
Relevant legislation: Succession Law Reform Act, S.O. 1990, c. S.26, s. 2
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