What Happens If I Don’t Have a Will?

You’ve probably heard the advice before that “everyone should have a will", but what actually happens if you don’t?

If you pass away without a will in place, there are important consequences to consider - both for your loved ones and for your estate. Here’s a breakdown of what happens when someone dies without a will in Ontario, and why having one matters:

1. The Law Decides Who Gets What

When someone dies without a valid will, they are said to have died intestate. This means that the distribution of their estate is determined by Ontario’s intestacy laws, and not by their personal wishes.

These laws follow a specific formula. For example:

• If the person has a spouse but no children, the spouse usually inherits the entire estate.

• If the person has a spouse and children, the estate is divided according to a set formula - which may not reflect how someone would have chosen to divide their assets.

• If there are no immediate family members, the estate may pass to more distant relatives.

Unmarried partners, close friends, stepchildren, or charities may not be included in the legal formula - even if they played a meaningful role in the person’s life.

2. It Can Create Stress and Uncertainty

When there’s no will, it can be unclear who should handle the estate. A court will need to appoint someone to take on the role of estate trustee (also known as an executor), which can lead to delays or disagreements.

Without written instructions, family members may also be left uncertain about your wishes - which can create unnecessary stress at an already difficult time.

3. Minor Children Receive Their Share at Age 18

One important consequence of dying without a will is how inheritances for minor children are handled.

Without a will, there’s no opportunity to set up a trust or specify how and when a child should receive their inheritance. Instead, their share of the estate will be held until they turn 18 - at which point it will be paid out to them in full.

This means a young adult could suddenly receive a significant sum of money with no guidance, safeguards, or gradual release of funds. A will allows you to set up a trust, appoint a trustee that you trust, and stagger the distribution over time - for example, releasing funds at age 21 or 25, or in stages.

A Will Gives you Control and Peace of Mind

Having a will means you get to decide:

• Who inherits your assets

• Who will be responsible for managing your estate

• Who should care for your minor children

• Whether you would like to leave gifts to friends or causes you care about

It also allows you to make tax-efficient plans and set up trusts if needed. Most importantly, it helps protect your loved ones from unnecessary complications.

The Bottom Line

Without a will, your estate is handled according to a one-size-fits-all legal process. Creating a will puts you in control - it ensures your wishes are known and your loved ones are supported.

If you are thinking about creating a will and have any questions, please contact us and we would be happy to discuss your options.

This blog post is for informational purposes only and is not intended to provide legal advice. If you require legal assistance, before taking any action you should contact us or another qualified lawyer to discuss your situation.