Legal Services - Mardini Law

Legal Services

We provide wills and estates legal services to clients in Toronto and across Ontario, helping individuals and families plan for the future with confidence. Our work includes drafting wills and powers of attorney, advising on estate planning, and helping clients put clear, practical plans in place to protect their assets and loved ones. We take the time to understand each client’s situation and offer straightforward advice that fits their needs.

We also assist executors and beneficiaries with the probate process, guiding them through estate administration and helping ensure everything is handled properly. Where disputes arise, we represent clients in estate litigation, including will challenges, capacity concerns, and executor-related conflicts.

In addition to our estates practice, we support Toronto small business and startup owners with incorporations, shareholder agreements, and succession planning. Our goal is to provide steady, reliable legal support at important moments — whether you are planning ahead, managing an estate, or resolving a dispute.

Will Preparation

Will Preparation

Our Will Preparation service provides clear, customized, and legally sound Wills for individuals and families across Ontario. We draft Last Wills and Testaments that protect your assets, appoint executors and guardians, address trusts where appropriate, and ensure your estate is distributed according to your wishes in compliance with Ontario estates law. Whether your situation is straightforward or involves business interests, blended families, or minor children, we provide practical estate planning advice designed to minimize disputes, reduce probate complications, and give you lasting peace of mind.

Assistance with:

  • Review your assets, liabilities
  • Advise on executors and trustees
  • Prepare Last Will & Testament
  • Prepare Continuing Powers of Attorney
  • Incorporate trust provisions
  • Supervise proper execution and signing

Probate

Probate

Our Probate service guides executors and estate trustees through the Ontario probate process with clarity and efficiency. We assist with preparing and filing the Application for a Certificate of Appointment of Estate Trustee, advising on estate administration tax (probate fees), and ensuring compliance with Ontario estates law. Our goal is to help you administer the estate properly, minimize delays, and reduce the risk of disputes or personal liability.

Assistance with:

  • Review Will and assets
  • Advise on probate requirements
  • Calculate estate administration tax
  • Prepare court application materials
  • Represent the estate through the court process
  • Guide executor with administration

Estate Litigation

Estate Litigation

Our Estate Litigation service represents beneficiaries, executors, and dependants in disputes arising under Ontario estates law. We handle Will challenges, claims for dependent support, disputes over executor conduct, and contested probate matters with a strategic and results-focused approach. Whether through negotiation, mediation, or court proceedings, we work to protect your rights and resolve estate conflicts efficiently and effectively.

Assistance with:

  • Assess Will validity claims
  • Advise on dependent support claims
  • Challenge or defend executors
  • Represent clients in mediation
  • Represent clients in passing of accounts
  • Litigate contested estate matters

Incorporation

Incorporation

Our Incorporation and Corporate Law services support startups, entrepreneurs, and small businesses across Ontario with practical, growth-focused legal guidance. We assist with incorporations, shareholder agreements, corporate governance, and ongoing compliance, while integrating tax and estate planning strategies to protect founders and preserve long-term value. Whether launching a new venture or restructuring an existing business, we provide clear advice tailored to your commercial objectives and succession goals.

Assistance with:

  • Incorporate federal or Ontario corporations
  • Draft Shareholders agreement
  • Draft corporate by-laws
  • Advise on corporate governance
  • Structure tax-efficient ownership
  • Plan business succession strategy

FAQ

Do I really need a Will if I don't have many assets?

Absolutely! A Will is about more than just money, it's your voice when you no longer have one. In Ontario, a Will allows you to designate an Estate Trustee (aka an Executor) you trust to handle your affairs and look after your loved ones, such as minors. Without a Will, the Ontario's default rules for intestacy would apply. This could lead to delays, higher costs and unforeseen outcomes.

How long does the probate process take in Ontario?

The short answer: It's a marathon, not a sprint. Once we apply for a Certificate of Appointment of Estate Trustee, the timeline depends heavily on the specific court office. In the GTA, it currently takes anywhere from 3 to 8 months (sometimes longer) for the court to process the application. If the Will was not properly executed or if the application is challenged by a third party, it could result in delays. Once probate is granted, the actual administration of the estate typically takes about a year to complete.

What happens if someone dies without a Will in Ontario?

Your estate is distributed according to the Succession Law Reform Act. Currently, a surviving spouse is entitled to a "preferential share" (the first $350,000), with the rest divided between the spouse and children. If there is no spouse or children, the law follows a strict hierarchy of next-of-kin. Dying "intestate" often makes the process more expensive and stressful for your loved ones.

Should I incorporate my business?

It depends on your goals, but there are two main drivers: liability protection and tax efficiency. Incorporating creates a separate legal entity, which can shield your personal assets from business risks. From an estate perspective, it also allows for more sophisticated planning, such as using Secondary Wills to save on Estate Administration Tax (probate fees) on your corporate shares.

How much do you charge for legal assistance?

We believe in transparent, value-based pricing rather than "hidden" hourly surprises. For standard estate planning, we offer flat-fee packages so you know the cost upfront. For more complex litigation or corporate matters, we'll discuss an hourly fee structure that fits the scope of the work. Our goal is to provide high-end legal expertise without the "big firm" overhead. Please note that, like most estate practices in Ontario, we do not accept matters on a contingency payment basis at this time.

Contact us

Clear, practical legal guidance for life and business. We assist with:

  • Will drafting and updates
  • Probate applications and Will challenges
  • Business incorporation and corporate structuring
  • Powers of Attorney (Property and Personal Care)
  • Dependent's Support Claims