Three generations, one house
When grandparents, parents and children share a Markham home
In the 2021 Census, Statistics Canada found that 23% of Markham children aged 0 to 14 lived with at least one grandparent, against 12% across Ontario. A shared home raises questions a will has to answer.
Whose house is it?
Often the parents helped buy the house but only the adult child is on title, or the reverse. The will only deals with what is registered in your name, and money you contributed without being on title may be treated as a gift or as a loan, depending on the evidence. Put it in writing now, and make each person’s will consistent with it. If you want to change who is on title, our Markham real estate page explains what a transfer involves.
The right to keep living there
If a grandparent lives in a house owned by their child, and the child dies first, what happens? Without a clause in the child’s will, the house goes to the child’s beneficiaries, who may need to sell. A will can give a parent the right to live in the home for life, or until they move into care, before it passes on.
Powers of attorney for the older generation
A grandparent’s bank accounts, pension and health decisions need someone with authority when they can no longer manage. A family member who lives in the same house can’t act simply because they are close by; they need a power of attorney signed while the grandparent still has capacity.
Packages
What Markham clients usually choose
Every package includes estate planning advice from a lawyer licensed by the Law Society of Ontario. Our wills and powers of attorney page explains the law behind each one.
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Couples wills
Parents with young children: two wills with matching guardians and trusts, and both powers of attorney for each of you.
$1,750 + HST -
Power of attorney package
For a parent or grandparent whose will is already in place: property and personal care, signed while they can still choose.
$500 + HST -
Primary & secondary wills
Owners of shares in a private company, such as a family business or holding company: the secondary will can keep those shares out of estate administration tax.
$2,500 + HST -
Single will package or will only
The complete plan for one person, or a will alone if your powers of attorney are current.
$1,000 or $750 + HST
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.
Heritage homes
Leaving a house in Unionville, Markham Village, Thornhill or Buttonville
Markham has four heritage conservation districts. The heritage rules stay with the property whoever owns it, including your estate and your beneficiaries.
What the heritage rules mean for an estate
Inside a district, exterior alterations, new construction and demolition need a heritage permit from the City, and demolition goes to Council. A beneficiary who plans to tear down an older house on Main Street Unionville and rebuild may not be able to, and a buyer will price that in. If you are dividing your estate between children, a heritage house may be worth less, and take longer to sell, than an ordinary house of the same size.
Planning for it in the will
- Give your estate trustee clear power to keep, repair, rent or sell the house, and to take time over a sale.
- If one child is to keep the house, say how its value is counted against the others’ shares, and who decides the value.
- Keep records of any heritage permits and easements with your papers, so your estate trustee can find them.
Two-unit houses
Markham also requires every two-unit house to be registered with the City. If yours has a registered basement apartment, your estate trustee takes over as landlord, and your will should give them power to manage the tenancy until the house is sold or passed on.
York Region
What your estate trustee will deal with in York Region
Probate is filed in the court for the county or district where the person lived. For Markham, that means the Superior Court of Justice in Newmarket, not Toronto.
The court
- The Newmarket courthouse is at 50 Eagle Street West
- Applications can be filed by email under the court’s practice direction
- Our Markham probate page explains the application
The cost
- Estate administration tax is nil on the first $50,000 and $15 per $1,000 above (as of 2026)
- Assets in a secondary will, or passing to a named beneficiary or a joint owner, are not counted
- If the estate sells the house, the proceeds are distributed only after debts, taxes and the six-month period for a married spouse’s election have been dealt with
Local help for older relatives
- York Region’s seniors services include adult day programs and support for seniors living at home
- An attorney for personal care is often the person who arranges these services
- Name someone who lives nearby, or give them a backup who does
Fees
Wills and powers of attorney: flat fees
Wills are signed at our Toronto office. A visit to your Markham home or to hospital, such as Markham Stouffville Hospital, 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
Markham wills questions
My parents live with us in Markham. Should they have their own wills?
Yes, and powers of attorney too. Their wills deal with what they own, including any money they put into your home, and their powers of attorney let someone act for them if they become unable to. Talk it through together so the family’s documents match.
Can my mother make a power of attorney if she has early dementia?
Possibly. The test for a power of attorney is about whether she understands what she is signing and who she is appointing, not whether she has a diagnosis. The lawyer meets her directly to assess that. Act early; if she can no longer understand, the family may need a court or Public Guardian and Trustee process instead.
Does a heritage designation affect what my children inherit?
The designation stays with the property. Your children can inherit it, but they will need heritage permits for exterior changes and demolition, which can affect the house’s value and what they can do with it.
Where is probate filed for someone who lived in Markham?
With the Superior Court of Justice in Newmarket, which serves York Region. The application can be filed by email.
I own a Markham business. Do I need two wills?
Not always. Primary and secondary wills ($2,500 + HST) make sense when private company shares are worth enough that the estate administration tax saved outweighs the extra cost. Every $100,000 in the secondary will saves $1,500 of tax (as of 2026).
Can you come to our home in Markham?
Where a medical or mobility reason makes coming to our Toronto office difficult, yes, for $500 + HST. Otherwise wills are signed at the office.
Areas We Serve
Wills across York Region and the GTA
We prepare wills for families in Markham, Richmond Hill, Vaughan and across the GTA. For real estate and other services in Markham, see our Markham 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
Plan for every generation in the house.
Choose a package and see the price, or book a free 15-minute call to talk it through.
Prefer to talk now? Call (647) 707-7718 · Service in English, Armenian and Arabic