Many people procrastinate on creating a will, believing it’s something for the distant future. However, dying without a valid will—known as dying “intestate”—can create significant legal complications and emotional distress for your loved ones. You lose all control over who inherits your property, as Ontario’s Succession Law Reform Act dictates how your estate is distributed according to a rigid formula.

How Your Estate is Divided Without a Will
The rules of intestacy are based on your surviving next-of-kin:

• If you have a spouse but no children: Your spouse inherits the entire estate.
• If you have a spouse and children: Your spouse is entitled to the “preferential share” (currently the first $350,000). The remainder is then divided between the spouse and children.
• If you have children but no spouse: Your children inherit the entire estate in equal shares.
• If you have no spouse or children: Your estate goes to your parents, then siblings, and so on.

Important Considerations:

• Common-Law Spouses: Under Ontario’s intestacy laws, a common-law spouse has no automatic right to inherit.
• Guardians for Minor Children: Without a will, you have no say in who will be appointed as the guardian for your minor children.

While my practice is well-known for serving as a leading Burlington Real Estate lawyer and providing expert corporate counsel, I believe comprehensive service includes protecting your family’s future. As a Trilingual lawyer in Burlington (English / French / Portuguese), I am committed to providing clear and accessible estate planning advice to all my clients.

Creating a will and powers of attorney is the only way to ensure your wishes are followed.

Don’t leave your legacy to chance. Contact my office today to create an estate plan that provides peace of mind for you and your family.