In Ontario, transferring ownership of a vehicle after someone dies depends on several factors, such as if: the deceased was the sole owner, whether they had a Will, or whether the vehicle was jointly owned with their spouse.

Joint ownership with a spouse

The process is simpler if the vehicle was jointly owned with a spouse. In such cases, the surviving spouse may transfer ownership (exempt from Retail Sales Tax) by presenting:

• Personal identification
• Death certificate

In other joint ownership cases, the regular process must be followed.

If the deceased had a Will

The beneficiary can transfer the vehicle without paying Retail Sales Tax (RST) by providing:

• The original or certified copy of the Will
  • The Will must clearly name both the Estate Trustee and the beneficiary of the vehicle (sometimes they are the same person)

If the Will does not clearly name either party:

• The beneficiary must also provide a Certificate of Appointment of Estate Trustee with a Will, and
• A letter from the Estate Trustee confirming:
  • Trustee’s name
  • Beneficiary’s name
  • Vehicle details (VIN, make, model, year)

Additional documents required:

• Proof of identity
• Death certificate
• Proof of insurance

If the deceased did not have a Will

The beneficiary must provide:

• Vehicle details (VIN, make, model, year)
• Proof of identity
• Death certificate
• Proof of insurance
• A lawyer’s opinion letter confirming there is no Will

Getting the legal help you need

Wills are extremely important documents and relatively inexpensive to have prepared professionally. If you want to make sure your Will is legal and clearly expresses your wishes, you should consult a lawyer. A lawyer can also provide advice and assistance settling an estate.

								
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