Planning Considerations

Families in the special needs community face unique challenges—and important planning decisions. Beyond the day-to-day care and strength families develop, there are long-term considerations that typical families may never encounter.

From navigating government benefits and legal protections beyond age 18 to managing sibling relationships and future care planning, there’s a lot to consider.

This section of our site is here to help. We’ll walk you through key planning topics, provide clear guidance, and connect you with the tools you need to make confident, informed decisions for your loved one’s future.

Why the Succession Law Reform Act Matters in Special Needs Planning

When planning for a loved one with a disability, it’s essential to consider the Succession Law Reform Act (SLRA)—a key piece of legislation in Ontario.

The SLRA requires that parents provide financial support for their financially dependent children, regardless of age, in the event of the parents’ death. For children under 18, this obligation is clear. However, if a child over 18 continues to depend on their parents due to a disability, they may also be entitled to financial provision through the Will.

In many cases, families continue to support a son or daughter with a disability well into adulthood. If this support is not reflected in the estate plan, the Will may be legally challenged, and the courts could re-distribute assets to ensure the dependent family member is cared for.

Best practice: Always consider the financial needs of your family member with a disability when preparing your Will. Disinheriting them could not only create legal complications but may also jeopardize their well-being and access to essential support.

Planning with care—and with the law in mind—can help ensure your intentions are respected and your loved one’s future is secure.

Understanding Probate Fees in Ontario

Avoiding probate fees is often a major focus in estate planning—but it may not always warrant significant effort or expense. While Canada does not have estate taxes like some other countries, Ontario does charge probate fees (also known as Estate Administration Tax) when an estate is probated.

What Are the Fees?

In Ontario, probate fees are calculated as follows:

  • $5 per $1,000 for the first $50,000 of the estate

  • $15 per $1,000 for amounts over $50,000

For example:

  • An estate worth $100,000 would incur $1,000 in probate fees

  • An estate worth $500,000 would face approximately $7,000 in fees

Should You Try to Avoid Them?

While these fees can add up, especially in larger estates, they are not usually excessive relative to the overall value. That said, there are simple strategies to help reduce or avoid probate fees without overcomplicating your estate plan.

Common Probate-Reduction Strategies:

  • Naming beneficiaries on life insurance policies

  • Holding assets in joint ownership with right of survivorship

  • Establishing certain types of trusts (with professional guidance)

It’s rarely necessary to go to great lengths to avoid probate fees entirely—but a few thoughtful planning steps can help minimize costs and streamline your estate administration.

Fairness to Siblings in Special Needs Planning

One common theme we hear from families is the desire to be fair to all their children—both those with disabilities and those without.

Many parents worry about placing too much responsibility on non-disabled siblings, especially after they’re gone. While siblings often want to help, parents understand that they have their own lives, families, and responsibilities. That’s why it’s so important to put clear plans and supports in place—so the sibling’s role as a caregiver, trustee, or advocate is as manageable as possible.

Parents are also aware that over the years, the child with a disability may have required more attention, time, and resources. As they look to the future, they want to make sure their estate plan does not unintentionally overlook the needs of their other children.

The goal is to find a healthy balance—ensuring that the son or daughter with a disability is well cared for, without “short-changing” their siblings. With thoughtful planning, it’s possible to provide for everyone in a way that feels fair and respectful.

A Special Needs Planning Group advisor can help you design a plan that supports your entire family—equally, thoughtfully, and sustainably.