What if I die without a will?
The government’s “one size fits all” solution will be applied, also known as the laws of intestacy. When you die intestate (“without a testament”), Ontario’s Succession Law Reform Act sets out what will happen to your estate, and someone will need to apply to the court to ask for authority to manage your estate.
The Succession Law Reform Act determines:
Who is entitled to your estate;
How much they can receive; and
Who can apply to the court to manage your estate.
If you do not have a will, your family will inherit your property based on a specific hierarchy, starting with a legally married spouse, children, then closest next-of-kin. But families are complicated and following the laws of intestate might not accurately reflect your true wishes.
Important considerations if you do not have a will:
Common law spouses and step-children that were not formally adopted do not automatically inherit
If you have no next of kin, your entire estate will go to the Government of Ontario
The court will decide guardianship for your minor children
Estate administration is time-consuming and more expensive than if you had a will, especially if dependants make challenges to the distributions
Assets, such as bank accounts, can be frozen until an executor is appointed by the court
