Consequences of Not Getting a Will in Ontario

Some people may think that having a will (intestate) is unnecessary and that writing one out is a waste of time. That is why we see a lot of people put it aside—until it’s too late.

Dying without one can lead to several legal and personal complications, adding stress to your loved ones during an already difficult time. Unnecessary headaches and disputes are the last things you want to leave your family with.

That’s why it’s highly encouraged to create a will while you still can, before anything tragic happens. Here are some key consequences of not having a will in Ontario:

Legal Consequences of Not Having a Will in Ontario

1. Intestacy Laws Apply: If you don’t have a will, Ontario’s Succession Law Reform Act will govern the distribution of your estate, which may not align with your personal wishes.
2. Appointment of an Estate Trustee: The court will appoint an estate trustee (formerly known as an executor) to manage and distribute your estate. This can delay the administration process and create additional costs.
3. Distribution of Assets: Your assets will be distributed according to the intestate succession rules in Ontario:

1. • Surviving spouse and no children: The spouse inherits everything.
   • Surviving spouse and children: The spouse receives a preferential share (a set amount that can change over time, currently $350,000), and the remainder is divided between the spouse and children.
   • No spouse but with children: The children inherit equally.
   • No spouse or children: The estate is distributed to other relatives in a specific order of priority – parents, siblings, nieces and nephews, next of kin).
   • No next of kin: The Ontario government gets the estate.

4. Guardianship of Minor Children: If you have minor children, the court will decide who will become their guardian. This may not align with your wishes and could cause distress and uncertainty for the children, and disputes among family members or other involved parties.

Financial Consequences of Not Having a Will in Ontario

1. Increased Costs: Without a will, the court will need to be involved in appointing an estate trustee and handling the disputes. As such, your estate could incur more expensive legal and administrative costs.
2. Taxes: Without a will, the estate might not be managed in the most tax-efficient manner, potentially leading to higher taxes.
3. Delayed Distribution: The process of distributing the estate can be significantly delayed without a clear will, which can cause financial strain for dependents.

Personal Consequences of Not Having a Will in Ontario

1. Family Disputes: The lack of a will can lead to conflicts among surviving family members, especially if there are disagreements about the distribution of assets or the care of minor children.
2. Unfulfilled Wishes: Personal wishes regarding specific bequests, charitable donations, or the care of pets may not be honored.
3. Emotional Stress: The absence of a will can add emotional stress to grieving family members as they navigate the legal and administrative complexities of intestate succession.

Having a will ensures that your assets are distributed according to your wishes, provides clear instructions for your loved ones, and can significantly reduce legal, financial, and emotional complications.

Contact Nihang Law to get your will done today!