Greater Toronto Area Law Firm - Prouse Dash, & Crouch, LLP

WILLS & ESTATES LAW
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Frequently Asked Questions

ESTATE LAW - Frequently Asked Questions

What if I don't have a Will?

If at the time of your death, you do not have a Will, your estate will be distributed according to Ontario's intestate succession law. A person who dies without a Will dies "intestate".

Under Ontario law the person appointed may be decided arbitrarily and may not be the person that you would have chosen immediately after your death and no one will be able to handle your affairs until the Court has appointed someone to be the Estate Trustee.

Without a Will your estate is divided into shares in accordance with Ontario law rather than in accordance with your wishes. Some of the consequences of not having a Will may be as follows:

That relatives who you do not want to inherit may receive a share of your estate;
Your estate will likely have to cover the cost of an Estate Trustee's bond (a premium must be paid to an insurance company);
Only your married spouse and children who are related by blood will receive anything from your Estate and stepchildren receive nothing;
If you have no spouse or children your parents will inherit your estate;
If you are separated but not divorced and have not signed a separation agreement, your separated spouse will inherit from you;
A common law spouse will get nothing other than support but only if she or he was entitled to it at the time of your death;
If a court approves the request for support a same‑sex partner will get nothing;
The shares of children under the age of 18 will have to be held and managed by the Public Guardian and Trustee and the shares will be turned over to them when they reach 18, regardless of their ability to handle such assets; and
If you do not have any living relatives or if none can be found, your estate will go to the government.

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This information is a brief summary for information purposes only and is applicable only in the Province of Ontario. It is not intended to be legal advice. Full and complete legal advice can only be given by a lawyer who has detailed information about your individual circumstances.