The Gift of Certainty: How a Will Brings Peace of Mind to Those You Love

Planning for the future is an essential responsibility that ensures your wishes are honored and your loved ones are protected. One of the most crucial steps in Estate Planning is preparing a legally valid Will. Despite this, studies show that over half of Canadians do not have a Will, exposing their estates and families to unnecessary stress and legal complications. This newsletter explains why having a Will is vital and the implications of dying intestate (without a Will) in Ontario.

What DOES a Will Do?

A Will is a foundational legal document that outlines how your assets – such as property, bank accounts, and personal belongings – will be distributed after your death. More importantly, a Will allows you to:

• Decide who inherits your assets, ensuring your loved ones receive what you intend

• Appoint an executor to manage your estate, making the administration process smoother

• Name guardians for your minor children, offering you peace of mind about their care

• Include instructions for your pets and personal keepsakes

• Potentially reduce legal fees, minimize probate delays, and lessen tax liabilities

• Express your wishes for funeral and burial arrangements

Having a Will empowers you to maintain control over your estate and avoid potential disputes among family members during an already difficult time.

What happens if you die without a Will in Ontario?

Dying without a Will means you have died “intestate.” In Ontario, the Succession Law Reform Act governs how your estate is distributed in such cases. Without a Will, the government applies a standardized formula based on provincial intestate succession laws, which may not align with your personal wishes.

Here are key consequences of dying intestate in Ontario:

• No Control Over Asset Distribution: Your assets will be distributed according to a preset legal formula, typically giving priority to your legally married spouse and blood relatives. Common-law partners are often excluded unless named in a Will

• Appointment of Trustee By The Court: A close relative usually must apply to the court to be named as the estate trustee, which can involve delays (up to several months) and legal costs. If disputes arise, the court may intervene to decide who is most suitable

• Preferential Share for the Spouse: A legally married spouse is entitled to a preferential share (currently $350,000) before the remainder of the estate is divided. The spouse then shares the remaining estate with children or other relatives as specified by law

• Guardianship of Minor Children Decided by the Court: If you have minor children and no other surviving parent, a judge will determine their guardian, which may not reflect your preferences

• Exclusion of Friends and Non-Biological Family: Only recognized relatives under the law inherit in intestate succession. Friends or chosen family members are not entitled to any portion of the estate

• Additional Stress and Costs on Loved Ones: The intestate process requires more time, paperwork, and potential court involvement, increasing emotional and financial burdens

Importance for Common-Law Partners

In Ontario, common-law partners do not automatically inherit your estate if you die without a Will. This can result in significant hardship. Having a Will ensures your partner is recognized and provided for according to your wishes

Why You Should Prepare a Will Now

Creating a Will isn’t just about money — it’s about control, clarity, and care for the people you leave behind. Even a simple Will can:

• Provide peace of mind that your wishes will be respected.

• Protect your family from unnecessary legal and financial stress.

• Streamline the estate administration process and reduce probate delays.

• Ensure fair treatment of stepchildren, common-law partners, or charitable causes that wouldn’t otherwise be recognized under intestacy laws.

And remember: A Will isn’t set in stone. You can (and should) update it as your life evolves – for example, after marriage, divorce, the birth of a child, or a major financial change.

Final Thoughts

Preparing a Will is not just a legal formality – it is a critical step to secure your legacy, protect your family, and ensure your final wishes are fulfilled. It helps avoid unintended consequences that arise when the government dictates the distribution of your estate under intestate succession laws or conflict within the family over assets. Making a Will can be straightforward and affordable, representing a wise investment in your peace of mind and the well-being of those you care about most

📣 Have Questions About Your Estate Plan or getting a Will? Let's talk. We can ensure your financial plan aligns with your estate goals and connect you with the right resources to get your will in place.

Disclaimer: This newsletter is for informational purposes only and does not constitute legal advice. For guidance specific to your situation, consult a qualified estate lawyer in Ontario.