Regardless of age or personal wealth, there are many Canadians who do not have a Will. Although the thought of preparing a Will may seem to be premature or too burdensome for some, the consequences of dying without a Will can be severe.
If you die without a Will (this is referred to as dying “intestate”), the following complications/challenges will arise:
- You lose the opportunity to appoint who you want to act as the executor of your estate. Section 29 of the Estates Act provides the Court with discretion to appoint the spouse or common-law partner, the next-of-kin, or both as the estate trustee(s). Section 29 does not confer a priority on either to be appointed.[1]
- You lose the opportunity to appoint legal guardians for your children or others who lack capacity. A Will typically stipulates who you would like to care for you children after your death. If you do not prepare a Will, you will lose this opportunity and the Office of the Public Guardian and Trustee (OPGT) may become involved in the lives of your children.