Ontario Estate and Corporate Law Glossary

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How to use this glossary

Each term below has a short definition in plain words, the Ontario statute or official source it comes from, and, where we have one, a link to the page that explains it properly. The definitions are general: a statute’s exact wording, and the facts of a particular case, can change how a term applies. Where a word means different things in different statutes, we say so, because that is where people most often get caught. For the full picture of each practice, start with our estate planning page. Business terms are explained in context on our corporate law page.

Wills and estates

Will

A written document that says what happens to your property when you die. Under section 1(1) of the Succession Law Reform Act (SLRA), “will” includes a testament and a codicil. A will must be in writing (section 3) and meet the signing rules in section 4, unless it is a holograph will. See what makes a will valid in Ontario.

Codicil

A later document that adds to or changes a will. The SLRA’s definition of “will” in section 1(1) includes a codicil, so a codicil is itself a will and must meet the same signing rules, or be wholly handwritten under section 6.

Holograph will

A will written wholly in your own handwriting and signed by you, which section 6 of the SLRA makes valid without witnesses. A filled-in printed form is not a holograph will. See is a handwritten will valid in Ontario.

Estate trustee (executor)

The person responsible for dealing with an estate: collecting the assets, paying debts and taxes, and distributing what is left. Ontario’s guidance explains that the estate trustee is named in the will or appointed by the court. “Executor” is the everyday word for one named in a will; the SLRA’s term “personal representative” covers executors and administrators. See what an estate trustee has to do.

Intestacy

Dying without a valid will, or with a will that does not deal with all of your property. Part II of the SLRA then decides who inherits. See who inherits if you die without a will.

Issue

Your descendants: children, grandchildren and so on. The SLRA’s definition includes some descendants conceived before, or in some cases after, a person’s death.

Preferential share

The first part of an estate a married spouse receives on intestacy when there are also children: $350,000 for deaths on or after March 1, 2021, under Ontario Regulation 54/95 and section 45 of the SLRA.

Beneficiary designation

Naming a person to receive a benefit under a plan directly on your death. Under section 51 of the SLRA, you can do it by a signed instrument, usually the plan’s own form, or by will. Ontario’s guidance notes you can also name someone to receive life insurance. See how beneficiary designations work.

Powers of attorney and incapacity

Attorney

In the Substitute Decisions Act, 1992 (SDA), the person you name in a power of attorney to act for you. An attorney does not have to be a lawyer, and in Ontario the word “lawyer” is the right term for a member of the legal profession.

Continuing power of attorney for property

A document that lets your attorney manage your money and property, and keep doing so if you become mentally incapable. Under section 7(1) of the SDA, it is “continuing” if it says so or expresses that intention. See the continuing power of attorney for property.

Power of attorney for personal care

A document naming the person who makes health care, housing and other personal decisions for you if you cannot. Part II of the SDA; you can make one from age 16.

Guardian of property

A person appointed to manage an incapable adult’s property, either by statute after a capacity assessment (with the Office of the Public Guardian and Trustee as statutory guardian) or by the court. A guardian of a child’s property is a separate role under the Children’s Law Reform Act. See what happens if you lose capacity without a power of attorney.

Substitute decision-maker

The person who gives or refuses consent to treatment for someone who is incapable, ranked by section 20 of the Health Care Consent Act, 1996.

Probate and tax

Probate (Certificate of Appointment of Estate Trustee)

The court process that confirms an estate trustee’s authority. Ontario’s guidance describes it as asking the court to give or confirm that authority and to approve the will. The document issued is a Certificate of Appointment of Estate Trustee. See how to apply for one.

Small estate certificate

A simpler certificate for estates valued at up to $150,000, under Rule 74.1 of the Rules of Civil Procedure.

Estate Administration Tax

Ontario’s tax on the value of an estate when an estate certificate is issued: nothing on the first $50,000 and $15 for every $1,000 or part above that, for applications made on or after January 1, 2020. See how much the tax is.

Estate Information Return

The return filed with Ontario’s Ministry of Finance within 180 calendar days after an estate certificate is issued, listing the estate’s assets.

Corporate law

Articles

The corporation’s founding document filed with the province, and later amendments. The Business Corporations Act (OBCA) defines “articles” to include articles of incorporation, amendment, amalgamation and others.

By-laws

The corporation’s internal rules, which the directors may make, amend or repeal by resolution under section 116 of the OBCA, subject to the articles and any unanimous shareholder agreement.

Director and officer

Directors manage or supervise the management of the business (OBCA s. 115); officers, such as a president or secretary, run it day to day. Both owe the duties in section 134. See directors’ duties under the OBCA.

Minute book

The everyday name for the records an Ontario corporation must keep under section 140 of the OBCA. See what goes in a minute book.

Unanimous shareholder agreement

An agreement among all the shareholders, or a declaration by a sole shareholder, that restricts the directors’ powers, as described in section 108 of the OBCA.

Individual with significant control

Generally, a person who owns, controls or directs 25% or more of the votes or value of a corporation’s shares, or has direct or indirect influence over it. Ontario corporations keep a register of them under section 140.2.

Offering corporation

A corporation that offers its securities to the public, as defined in the OBCA. Most owner-managed companies are not offering corporations, which matters because several OBCA rules apply differently to them.

Non-compete agreement

An agreement that stops an employee from competing with the employer after the employment ends. Under section 67.2 of the Employment Standards Act, 2000, employers may not enter into them with employees on or after October 25, 2021, and such an agreement is void, with exceptions for executives and some sales of a business. See are non-compete clauses enforceable in Ontario.

Words that mean different things in different places
Word	Meaning in one statute	Meaning in another
Spouse	SLRA (except Part V) and Family Law Act s. 1: married spouses only	Health Care Consent Act s. 20(7): also some common-law partners; SLRA Part V uses a wider definition
Attorney	SDA: the person named in a power of attorney	Everyday use elsewhere: a lawyer; in Ontario, say “lawyer”
Executor / estate trustee	Everyday: the person named in a will	Ontario courts: “estate trustee“, with or without a will
Guardian	SDA: guardian of property or of the person for an incapable adult	Children’s Law Reform Act: guardian of a child’s property; decision-making responsibility for a child
Probate	Everyday: the whole estate process	Strictly: the court’s certificate confirming the estate trustee

What changes the answer

The same word can carry different legal weight depending on which statute is speaking. The clearest example is “spouse“. For intestacy and for the rule that separation can remove gifts in a will, the SLRA uses the Family Law Act definition, which covers married spouses. For health care decisions, the Health Care Consent Act also counts a conjugal partner who has lived with you for at least a year, has a child with you, or has a cohabitation agreement with you. A common-law partner can therefore make your medical decisions but receive nothing under the intestacy rules if you have no will. Our page on separation and your will shows how much turns on these definitions.

Example

For example, imagine a client brings in a will that says: “I appoint my spouse, Jordan, as my executor, and give my estate to my issue in equal shares.” Reading it with this glossary: “executor” means estate trustee; “issue” means descendants, so grandchildren can be included, and how the shares divide depends on the will’s exact wording; and “spouse” in the SLRA means a married spouse. If Jordan is a common-law partner, the word “spouse” in the will still describes the person the testator intended, but the separation rule in section 17 and the intestacy rules, which use the statutory definition, would not treat Jordan as a spouse. That difference is a reason to review the will.

Common mistakes with legal terms

Assuming “spouse” includes a common-law partner everywhere. It depends on the statute.
Calling a power of attorney a “will“. A will speaks after death; powers of attorney work while you are alive.
Thinking “probate” is a fee. The fee is the Estate Administration Tax; probate is the certificate.
Treating the minute book as optional. Its contents are required by section 140 of the OBCA.
Using “attorney” for a lawyer in Ontario. It confuses the power of attorney role.

What to do this week

Read your will and powers of attorney with this glossary open.
Note any word whose meaning you are unsure of.
Check whether your documents use “spouse” for a partner you are not married to.
If you own a company, find the articles, by-laws and minute book.
Bring your questions to a consultation: 30 minutes, by video or in person. You can request one here.

Frequently asked questions

Is an executor the same as an estate trustee?

Yes. Ontario’s courts use “estate trustee“; “executor” is the everyday word for the person named in a will.

What is the difference between a lawyer and an attorney in Ontario?

In Ontario, a lawyer is a member of the legal profession licensed by the Law Society of Ontario. An attorney, under the Substitute Decisions Act, is the person you name in a power of attorney, who does not have to be a lawyer.

Are probate fees and Estate Administration Tax the same thing?

People often use “probate fees” for the Estate Administration Tax, which is charged when an estate certificate is issued.

What does “issue” mean in a will?

Your descendants, such as children and grandchildren. The SLRA’s definition also includes some descendants born after a person’s death.

What is a numbered company?

A corporation whose legal name is the number the province assigns, followed by “Ontario” and a legal ending such as “Inc.“. See numbered or named company.

Sources

This page is general information about Ontario law, not legal advice for your situation. It reflects the law as of October 26, 2026.

Ontario estate and corporate law terms, in plain language