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Wills & Estates

Wills & estates: a road stretches off into a foggy horizon through autumn woods.

Wills

A will is a legal document that explains how your property and possessions should be given out after your death. It allows you to name an estate trustee to manage estate, and to choose the beneficiaries who will receive your gifts.

Powers of Attorney for Property and Personal Care

A Power of Attorney for Property gives someone the power to manage your money and property while you are alive, if you become unable to do it yourself. A Power of Attorney for Personal Care lets you choose someone to make healthcare and daily living decisions for you if you are no longer able to make them.

Trust Agreements 

A trust is a legal arrangement where one person gives property to another person (the trustee) to manage for the benefit of a third person(s). A Trust Agreement is the formal document that sets up this arrangement and explains exactly how the trust will work.

Guardianship Applications

A guardianship application is a legal process where an individual asks that the court appoint them as a guardian for an orphaned minor child or for an adult with mental capacity issues and cannot make decisions for themselves.

Applications for Estate Administration (With or Without a Will)

Also known as Probate, this legal process validates a will and formally appoints the estate trustee. If there is no will (intestate), probate determines who will be appointed as the trustee and who the beneficiaries are. Whether there is a will or not, Niigaan Miikaans Law can help you navigate the legal steps of settling an estate.

Professional Estate Trustee (primary or back-up)

An estate trustee manages and distributes a deceased person’s estate according to their will. You can name a professional in your will—like a lawyer or an accountant—to take on this role. Most banks also offer these services, though they are usually expensive. Alternatively, the Office of the Public Guardian and Trustee may step in if no one else is available to do it. Angel Larkman can be named as either your primary or back-up estate trustee within your will.

Estate Trustee During Litigation

If a beneficiary challenges a will in court, the case may need an “estate trustee during litigation.” This can happen for several reasons, such as a claim that the deceased person lacked the mental capacity to make the will, was pressured into it (undue influence), or if there is a suspicion of fraud or forgery. It may also happen if the will fails to provide enough support for dependents.

The parties involved can suggest a neutral third party to take over the estate management during the lawsuit; if they cannot agree, the court will select one. As long as the will was not written by Niigaan Miikaans Law and there are no other conflicts, the parties can suggest Angel Larkman for this role.

Regardless of how an Estate Trustee is appointed, they are entitled to “fair and reasonable” compensation for their time and effort. The Ontario courts use a standard, unofficial guideline to determine the fee.

Note – Niigaan Miikaans Law does not represent parties in challenges to a will. Ontario Law Society Referral Service is good for finding a lawyer that is willing to litigate matters in court and offers 30 minutes free consultation.

Workshops on Wills and Estates

Niigaan Miikaans Law offers informational workshops on Wills and Estates for community groups and organizations. Call us to discuss how we can tailor a session for your group.

Pricing FAQs

How much does it cost?

Legal fees often come as an unexpected expense during challenging times. Deciding whether to get legal help early to avoid more complex issues can be tough, and we understand that. Due to the unique nature of each case and family, we can’t guarantee how much your matter will cost, but we can work with you to find a way to afford legal help.

Do you accept Legal Aid?


For Child Protection matters we accept Legal Aid Certificates.

How much will my case cost?


Niigaan Miikaans Law typically bills hourly at $200/hour. However, for straightforward matters like uncontested divorces or Wills, we offer flat-rate fees.

What are your flat rates for legal services?

Here are some examples of our flat fees:

Simple Will: starting at $450 (discounts available for couples)
Uncontested application for administration of an estate (probate) valued under $100,000: starting at $1,000 with a Will, or $1,500 without a Will, plus court fees and Estate Administration Tax.
Uncontested guardianship, adoption, or divorce applications: starting at $1,200, plus court fees

Fees may vary depending on the complexity of the matter and the specific circumstances. We will provide a more precise flat rate estimate after reviewing your situation.

What is a retainer and what will it cost?


Retainers are deposits paid to a lawyer and held in a trust account for legal fees billed at an hourly rate. As work is completed on your matter, fees are billed against this deposit. Initial retainers typically range from $1,500 to $5,000. Invoices are provided before any funds are withdrawn from the retainer, ensuring you are aware of the services provided and your current costs.

Are there any surprise fees?

Our goal is to keep you fully informed about your legal fees every step of the way, preventing any surprises.