Although getting a Will done ranks right alongside a trip to the dentist, having an up-to-date Will is an expression of caring that can ease the sorrow of your passing.  Dying without a Will leaves your grieving loved ones puzzling over why you didn’t care enough to get it done and wondering how to deal with the resulting chaos.

For some of us with few assets and if no one is expecting to have access to our assets, Ontario’s intestacy laws (how an estate is distributed upon death if there is no Will) may be enough.  For example, if a married person dies without kids and having most assets jointly-held with his or her spouse, the surviving married spouse gets it all.   If the deceased was single and never had kids, his or her parents share the estate.  However, having died without a Will means that it will take longer to access the assets and settling the estate will require more time and money.

The distribution dictated by Ontario’s intestacy laws is, in our experience, rarely what people expect and may come as a bit of a surprise.  For example, Chris’ marriage ended three years ago but no separation agreement was ever signed.  (more…)