Ontario Real Estate, Wills & Estate Law Blog

Stay informed with practical legal insights from McMurter & Associates. Our blog explores Ontario real estate law, buying and selling property, wills, estate planning, probate, powers of attorney and other issues affecting individuals, families and real estate professionals. These articles provide general information; for advice about your specific circumstances, contact one of our lawyers in Whitby.

Do Common-Law Partners Inherit in Ontario? What Happens Without a Will

Posted by Brian McMurter on 25 April 2026
The short answer: No. In Ontario, a common-law partner does not automatically inherit when their partner dies without a will. Under the Succession Law Reform Act, only legally married spouses share in an estate on intestacy (when there's no valid will). It doesn't matter how long you've lived togeth...
Posted in:Common-Law Partners in Ontario | McMurter & Associates  

Buying a House with Your Common-Law Partner in Ontario: Legal Risks

Posted by Brian McMurter on 23 March 2026
Buying a home together is an exciting milestone for any common-law or married couple. For couples who are living together without being legally married, however, purchasing property together can create legal risks that many couples do not fully understand until the relationship ends or one partne...
Posted in:Wills & EstatesCommon-Law Partners in Ontario | McMurter & AssociatesBuying a Home in Ontario | McMurter & Associates  

Living Together in Ontario: What Co-Habitating Couples Need to Know About Real Estate

Posted by Brian McMurter on 24 February 2026
You’ve built a life together — you share a home, finances, and maybe even a dog. But in the eyes of Ontario law, if you’re not married, you may have far fewer protections than you think.This post is the first in a series of articles that discuss where cohabitating couples may be at risk, an...
Posted in:Wills & Estates  

Estate Administration Tax and Capital Gains in Ontario: How Planning Ahead Can Reduce Probate Fees

Posted by Brian McMurter on 24 January 2026
The short answer: Estate Administration Tax (often called probate fees) and capital gains tax are two separate taxes that can both arise when someone dies in Ontario. Estate Administration Tax applies to assets that pass through the estate. Capital gains tax applies to the growth in value of cert...
Posted in:Wills & EstatesEstate Administration Tax in Ontario | McMurter & Associates  

What to Do When a Loved One Passes Away in Ontario: A Step-by-Step Guide

Posted by Brian McMurter on 24 December 2025
After a death in Ontario, the immediate priorities are registering the death, obtaining certified death certificates, securing the deceased's property, and locating the will. If the deceased owned real estate or accounts held solely in their name, the estate will likely need to go through probate ...
Posted in:Wills & Estates  

McMurter & Associates is located in Whitby, Ontario, and serves the communities of Oshawa, Ajax, Pickering, Clarington, Newcastle, Bowmanville, Courtice, Whitchurch-Stouffville and municipalities throughout Durham Region.