Pitfalls and Official Sources

Free and low-cost legal help for wills, estates and family law in Canada

Free legal information and low-cost help for wills, estates, powers of attorney and separation in Ontario, BC, Alberta and Quebec, from legal aid to Éducaloi.

Updated · 5 min read

Free and low-cost legal help for wills, estates and family law in Canada

You can get a lot of reliable help with wills, estates and family law in Canada without paying a lawyer's hourly rate. Free legal information comes from CLEO and Steps to Justice in Ontario, Clicklaw and Family Law in BC in British Columbia, the Government of Alberta's family justice pages and Legal Aid Alberta's resources, and Éducaloi in Quebec. Legal aid (Legal Aid Ontario, Legal Aid BC, Legal Aid Alberta and Quebec's Commission des services juridiques) covers family law for people who meet financial tests, and usually not wills or estate planning. Court-based family law information centres, subsidised mediation, government power of attorney kits, law society referral services and limited-scope lawyers fill most of the remaining gaps.

Part of the overview of mistakes and official sources. General information, not legal advice.

What kind of help you need

NeedBest first stop
Understand the rules in plain languagePublic legal information sites (CLEO, Steps to Justice, Clicklaw, Éducaloi)
Fill in court forms yourselfCourt family law information centres and self-help guides
Legal advice about your specific case, low incomeLegal aid or a community legal clinic
Advice on a will, POA or estate, moderate incomeLaw society referral service, limited-scope (unbundled) lawyer, law school clinic
Settle a separation without courtFamily mediation, often subsidised
Someone has no one to manage their moneyPublic guardian and trustee in your province

Ontario

  • Steps to Justice — step-by-step answers on wills, estates, powers of attorney, separation and support, with links to forms and local services.
  • CLEO (Community Legal Education Ontario) — plain-language publications, including on wills, powers of attorney and family law.
  • Legal Aid Ontario — family law services for eligible people, including duty counsel at family courts and help with certain issues; financial eligibility applies. Community legal clinics focus on poverty law.
  • Family Law Information Centres (FLICs) — at many family courthouses, with information, mediation referrals and Family Law Information Program sessions.
  • Office of the Public Guardian and Trustee — a free power of attorney kit and information on guardianship.
  • Law Society of Ontario Referral Service — a free initial consultation of up to 30 minutes with a lawyer or paralegal.
  • Ministry of Finance — guidance on estate administration tax and the Estate Information Return.

British Columbia

  • Family Law in BC (from Legal Aid BC) — guides, forms and step-by-step help on separation, support and property.
  • Clicklaw — a hub of BC legal information, including wills, estates and incapacity planning.
  • Legal Aid BC — family law representation and advice for eligible people, family duty counsel and phone advice.
  • Justice Access Centres and Family Justice Centres — information, referrals and family justice counsellors who can help with mediation for eligible families.
  • Public Guardian and Trustee of BC — information on enduring powers of attorney, representation agreements and estates.
  • Access Pro Bono — free legal clinics, including wills clinics for eligible people.

Alberta

  • Legal Aid Alberta — family law help for eligible people, and family court duty counsel.
  • Government of Alberta family justice services — court counsellors, mediation and parenting programs, as described on alberta.ca.
  • Office of the Public Guardian and Trustee (Alberta) — enduring powers of attorney, personal directives and adult guardianship information.
  • Law Society of Alberta — lawyer directory and referral information.
  • Student legal services at the province's law schools — limited help for people who qualify.

Quebec

  • Éducaloi — plain-language articles on wills, successions, protection mandates, family patrimony, the parental union and support.
  • Commission des services juridiques (aide juridique) — legal aid for eligible people, including many family law matters; some services are free and others need a contribution.
  • Centres de justice de proximité — free information and referral in many regions.
  • Free family mediation hours — the Quebec government funds a number of hours of professional family mediation for separating couples with children, and fewer hours for some couples without children; check current conditions on Québec.ca.
  • Barreau du Québec and Chambre des notaires — lawyer and notary directories; notaries handle notarial wills, protection mandates and many successions.
  • Curateur public du Québec — information on protection mandates, tutorship and assistance measures.

Other provinces and territories

Every province and territory has a legal aid plan, a public legal education organisation and a law society referral or directory. Many have court-based family justice services. Start with the province's government website and search for "public legal education" and "legal aid".

Getting value from paid help

  • Limited-scope retainer. Pay a lawyer to review your own will draft, your separation agreement or your court forms, rather than run the whole file.
  • Fixed-fee will packages. Many firms offer a will and two powers of attorney for a flat fee; ask what is included.
  • Prepare well. Bring an asset and debt list, beneficiary designations, existing wills, agreements and court orders. The checklist in executor's first steps helps for estates.
  • Ask for a written estimate. Fees are not regulated by law; the law society can explain how to dispute a bill.

How to tell good information from bad

Good signsWarning signs
Names the statute and provinceGeneric "Canadian law" advice that ignores provinces
Dated and updatedUndated pages or old figures (for example, Ontario's former $200,000 intestacy share)
From a government, court, legal aid or public legal education bodySales pages for will kits or "probate-free" schemes
Explains limits and when to see a lawyerPromises to avoid all taxes or probate

FAQ

Usually not, though some provinces have programs or clinics for specific groups. Look for law school clinics, wills clinics run by pro bono organisations, and fixed-fee services.

They can explain procedures and forms, but not advise on your case. Duty counsel and legal aid lawyers can give advice to eligible people.

Is mediation binding?

An agreement reached in mediation becomes binding once it is put into a signed separation agreement or a court order, after each person has had a chance to get independent legal advice.

Sources

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