Do I need a Will?
What if I don't have a Will?
Can I avoid making a Will by owning everything jointly?
What about handwriting my Will or using a standard Will form from a store?

What if I don't have a Will?
If at the time of your death, you do not have a Will, your estate will be distributed according to Ontario's intestate succession law. A person who dies without a Will dies "intestate."

Under the Ontario law:

• the person appointed may be decided arbitrarily and may not be the person that you would have chosen;
• immediately after your death, no one will be able to handle your affairs until the Court has appointed someone to be the Estate Trustee Without a Will;
• your estate is divided into shares that may not be what you want;
• relatives that you do not want to inherit may receive a share of your estate;
• your estate will likely have to cover the cost of an Estate Trustee's bond (a premium must be paid to an insurance company) which would not be necessary had you appointed an Estate Trustee in a Will;
• only your married spouse and children who are related by blood will receive anything from your Estate; stepchildren receive nothing; if you have no spouse or children, your parents will inherit your estate; if you are separated but not divorced and have not signed a separation agreement, your separated spouse will inherit from you;
• a common law spouse will get nothing other than support but only if she or he was entitled to it at the time of your death and if a court approves the request for support;
• a same-sex partner will get nothing;
• the shares of children under the age of 18 will have to be held and managed by the Public Guardian and Trustee; the shares will be turned over to them when they reach 18, regardless of their ability to handle such assets;
• if you do not have any living relatives or if none can be found, your estate will go to the government.

More questions?
If you have other questions or if you would like more information about Wills, please call us at (613) 836-9915, ext. 0 and arrange for a free half-hour consultation.

Estate Planning | Estate Admin | Elder Law | Individual w/Disability