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What Happens if You Die Without a Will

What Happens if You Die Without a Will?

Wills & Estate Planning

OVERVIEW

In Ontario, if you die without a will your property is distributed in accordance with intestacy rules set out in Part II of the Succession Law Reform Act (Ontario) (the “SLRA”).

Under the SLRA rules, who gets your property after you die depends on whether you’re married and how many children you have.

MARRIED WITHOUT CHILDREN

If you’re legally married and have no children your estate goes to your spouse. It is important to note that this happens even if you’re separated from your spouse but have not had a divorce.

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Every Canadian Should Have a Valid Will When They Die

Wills & Estate Planning

A will is something that is on many a “to-do” list, but it rarely rises to the top of the list. For many people, just the thought of preparing a will is getting a little too close to admitting that everybody dies someday, you included. Many people rationalize that they are young – or relatively young – and in good health, so there is no hurry. You can get to it later. But if you want your estate distributed the way you really want it to be, the time to prepare a will is now. No one knows what will happen tomorrow. No one likes to think they might die tomorrow, but the cold hard fact is that for every tomorrow that becomes today, people die who did not think they would die tomorrow.

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