Why Do I Need a Will?

Anyone who has a spouse, partner or children, or is simply concerned with how his / her property will be distributed after death should make a will. There are “do-it-yourself” kits and software packages available in most office supply stores; however, we recommend getting the help of a legal advisor if your estate is anything other than simple. Bear in mind that what you may assume is a simple estate may have legal complexities that cannot be properly addressed without legal advice.

The estate of someone who has sizeable assets and dies intestate can be complicated, and may require going to court before the assets can be distributed. Without a will, personal property (anything other than real estate) will be distributed according to the intestacy laws of the province in which the testator was domiciled when he / she died. Real property will be dealt with based on the intestacy rules of the province in which the property is located. Minor children will be placed under the care of a guardian appointed by the courts. If some family members have special needs, they may not receive the same priority by the courts as the testator might wish.

Without a will, you cannot appoint the person who will take care of your estate – the court will make the choice for you. The time taken by the court to appoint an administrator to act on behalf of your estate will cause a delay that could trigger cash-flow problems for your heirs. Keep in mind that until an appointment is made, no one has the legal authority to touch your estate.

Dying intestate can result in needless taxation and possibly estate administration fees, especially if you neglected to do any estate planning. This results in less of your estate going to your beneficiaries, and more to the federal and provincial governments.