Several generations, one house
Why a shared Brampton home needs more than one will
In the 2021 Census, Statistics Canada reported that 22% of Brampton children aged 0 to 14 lived with at least one grandparent, against 12% across Ontario. In a household like that, each adult has their own estate, and the documents need to fit together. Our wills and powers of attorney page covers the general law.
The grandparents
- Their own wills, covering savings, any property abroad and any money they put into the house
- Powers of attorney for property and personal care, signed while they are well
- Clear instructions on who they want caring for them, and where
The parents
- Wills naming a guardian and a trust for young children
- A right for the grandparents to keep living in the house if the owner dies first, if that is the intention
- Powers of attorney so the other spouse, or an adult child, can manage the mortgage and any rental unit
The adult children
- A will as soon as they are on title or have their own savings or insurance
- Powers of attorney: parents have no automatic authority over an adult child’s finances or health decisions
- Beneficiary designations on workplace insurance and registered plans
Each person gives instructions to the lawyer on their own. That protects the will if anyone later questions whose wishes it reflects.
Who owns the house
Co-owners, contributions and what passes under your will
Your will only passes what you own in your own name. In a house bought with family money, who is on title matters more than who paid.
Joint tenants or tenants in common
If family members own the house as joint tenants, a deceased owner’s share passes to the surviving owners automatically, outside the will. As tenants in common, each owner’s share passes under their own will. Brothers who bought together, or parents and a child on title together, often intend the second arrangement but end up with the first. You can check the registration, and change it if needed; our Brampton real estate page explains title transfers.
Money given without being on title
If parents contributed to a child’s purchase but are not on title, was it a gift or a loan? And if a parent put an adult child on title without payment, the law may presume the child holds that share for the parent’s estate unless there is evidence it was a gift. Unclear arrangements are a common source of estate disputes. Write down what was intended, sign it while everyone agrees, and make each will consistent with it.
Spouses and dependants still have rights
Whatever the will says, a married spouse can elect an equalization of family property, and a dependant you were supporting can ask a court for support from your estate. In a house where several people depend on one income, the will has to allow for that.
Why Wannes Law
A Toronto law firm that keeps you informed
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A licensed Ontario lawyer
Rosalie Wannes, licensed by the Law Society of Ontario, is responsible for your file from start to finish.
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Fees before you commit
Instant online quotes and published flat fees, so you know the cost before you retain us.
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Every step explained
Plain-language explanations of what happens, what you provide and what we handle, at every stage.
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Direct access
Reach your lawyer and law clerk directly by phone and email while your matter is underway.
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Sign in person or remotely
Meet at our Sheppard Ave E office in Toronto, or review documents by video and courier the originals.
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English, Armenian and Arabic
Talk through your matter in the language you are most comfortable with.
Basement apartments
A registered second unit, a tenant and your estate
The City of Brampton says that all additional residential units must be registered, including units that used to be treated as legal non-conforming second units, and it can impose administrative penalties for failing to register.
If your house has a rented unit, three things follow for your estate plan. First, the tenancy doesn’t end when you die: under the Residential Tenancies Act your estate trustee becomes the landlord, and ending the tenancy to sell the house empty follows the Act’s notice rules. Second, someone has to collect the rent and keep paying the mortgage if you are ill; that is your attorney under a continuing power of attorney for property. Third, an unregistered unit is a problem your estate trustee inherits, along with the questions a buyer’s lawyer and lender will ask. It is far easier to register the unit now, while you can arrange inspections, than to leave it.
Who receives the house and the rent
If one child receives the house and the rental income and another receives the rest, the shares may not be equal. A will can equalize them, or leave the house to your spouse, or in trust for your spouse’s lifetime, so the rent supports them. We work through the options at your instructions meeting.
How it works
From Brampton: signing, and probate later
We have no Brampton office. The call, instructions and drafts are handled by phone, email and video; the will is signed in person.
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Step 1: A free 15-minute call
By phone, at a time you choose. We work out which package each adult in the house needs, and you see the prices in the quote form.
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Step 2: Instructions, one person at a time
Each person tells the lawyer what they want, without the others in the room. Services are in English, Armenian and Arabic.
You provide
- How the house is registered, and who contributed what
- Leases for any rental unit
- Life insurance and registered plan designations
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Step 3: Signing
With two witnesses at our Toronto office. Where a medical or mobility reason makes coming in difficult, we come to your Brampton home or to hospital, such as Brampton Civic Hospital.
Home or hospital visit: $500 + HST.
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Step 4: Later: probate close to home
Probate for a Brampton resident is filed with the Superior Court of Justice at the Brampton courthouse, 7755 Hurontario Street, which serves Peel Region, and it can be filed by email. Our Brampton probate page explains what the estate trustee does.
Fees
Flat fees for Brampton families
A home or hospital visit in Brampton adds $500 + HST, only where a medical or mobility reason makes coming in difficult. The person making the will must have full mental capacity. Services in English, Armenian and Arabic. See all our legal fees.
Get your instant quoteQuestions
Brampton wills questions
My parents live with us. Do they need their own wills?
Yes, and their own powers of attorney. Their wills deal with what they own, including any money they put into the house. A single will package for each of them is $1,000 + HST, or couples wills for both are $1,750 + HST.
My brother and I bought a house together. What happens if one of us dies?
It depends on how you are registered. As joint tenants, the survivor takes the whole house automatically. As tenants in common, each share passes under the owner’s will. Check which you have, and make wills that match what you intend.
Can I make my father’s power of attorney for him?
No. He has to make it himself, while he understands what it means. The lawyer meets him directly to confirm that. Ontario’s information on elder abuse explains why: misuse of a senior’s money is a recognized form of abuse, and the Seniors Safety Line (1-866-299-1011) offers confidential help.
Where is probate filed for someone who lived in Brampton?
With the Superior Court of Justice at 7755 Hurontario Street, Brampton, which serves Peel Region. Applications can be filed by email.
Can you come to Brampton Civic Hospital?
Yes, where the person can’t come to our office for medical or mobility reasons, for $500 + HST. They must be able to understand the documents and give instructions themselves.
Which packages does a household of three generations need?
Often couples wills for the parents and for the grandparents, and a single will package for each adult child. See our will packages and power of attorney package.
Areas We Serve
Wills across Peel Region and the GTA
We prepare wills for families in Brampton, Mississauga and across the GTA. For real estate and other services in Brampton, see our Brampton page.
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Scarborough
Wills & powers of attorney for Scarborough clients. Our office is on Sheppard Ave E.
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North York
Wills & powers of attorney for North York clients.
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Markham
Wills & powers of attorney for Markham clients.
Here to help
One house, a will for everyone in it.
Choose the packages and see the prices, or book a free 15-minute call first.
Prefer to talk now? Call (647) 707-7718 · Service in English, Armenian and Arabic