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What If You Die Without a Will?
Dying Without A Legal Will Causes Major, Expensive, Long Delays & Big Problems For Your Family
All about your Canadian Legal, Last will and Testament, Legal forms, Estate, beneficiaries.
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What if you die without making a will
No Will? The Court Will Appoint An Executor
The probate court will have to appoint someone to act as your personal representative generally known as an Executor. An executor is the title for a person or institution appointed by a testator or the probate court to carry out the terms of their will.
If you do not have a will, essentially the court appoints an executor for your estate.
The general rule is that your closest relative has the right to be appointed as your personal representative. The process varies provincially, so your heir will have to seek legal advice and assistance resulting in more expenses and legal fees that you could have avoided by taking about half an hour to make your will.
Intestate Succession (simply means you died without making a will. Bloody stupid of you, actually. If you die without a Will, the law says that you have died "intestate," meaning you left no will.
If You Did Not Make a Last Will and Testament
Here's How Your Estate and Property
Will Be Distributed
Details vary by province or territory but this gives you a good sense of what will happen to your estate.
If you die inestate (did not make a will) generally your property will be distributed by a probate order in this order:
- If you have a legally married spouse, but no children:
Your legally married spouse inherits everything. Common-law spouses do not receive anything if you die without a will. They are left out in the cold.
- If you have a legally married spouse and children:
Your legally married spouse first takes a preferential share ranging from $50.000 to $200,000 worth of assets Amounts vary by province/territory. The remainder is divided between your spouse and your children based on provincial law.
- If you have children, but no legally married spouse:
Your estate will be divided evenly between your children.
- If you no legally married spouse and no children:
Your parents will inherit your entire estate.
- If you have no legally married spouse, no children, and no parents:
Your brothers and sisters divide your estate equally.
- If you have no brothers and sisters:
Your nieces and nephews each inherit an equal portion of your estate.
- If you have no nieces and nephews:
All other next of kin inherit an equal portion of your estate.
- If you have no living next of kin:
Your estate goes to the government.
DIE WITHOUT A WILL? Your estate beneficiaries get Expensive Delays
What If You Die Without a Will? Dying Without A Legal Will Causes Major, Expensive, Long Delays & Big Problems For Your Family All about your Canadian Legal, Last will and Testament, legal forms, heirs, beneficiaries.
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