Many people have misconceptions about why a Will is needed. One of the many reasons is so that your estate is distributed exactly how you want it to after you pass away. This means that it is one less stress that your loved one will encounter after you pass away.

When a person dies without a Will in Ontario, the statute dictates how your estate is distributed. In many cases, this means that only the person you are legally married to will receive any part of your estate after your debts and liabilities have been settled. A legally married spouse means that you are still married, at the time of your death. Common-law spouses are not considered your legal spouse for the purposes of the distribution.

For example, if you are married to someone and decide to separate from your spouse shortly after to enter into a common-law relationship, your spouse, whom you are legally married to, is entitled to a share in your estate, regardless of how short your marriage to them were or how long you remained in a common-law relationship with someone else for. Generally, if your estate is valued at less than a prescribed amount, your legally married spouse may entitled to the property absolutely. This leaves nothing for your common-law spouse or children. Having a Will ensures that the law does not decide how your estate is distributed.

Another reason to have a Will is to make it easier for your loved ones when it comes time to obtain a Certificate to be the Estate Trustee (Probate). If you have a Will clearly naming a Trustee for your Estate, the process to obtain a Certificate from the Court for your Estate Trustee is easier and less time-consuming. If you do not have a Will naming an Executor of your Estate, the law dictates who has priority rights to make an application to be the Trustee of your Estate. Dying without a Will may also have dire consequences of your Estate Trustee having to post a security or administrative bond, before being allowed to manage your estate.

Making a Will is a simple process. It outlines your wishes and ensures that your loved ones know exactly what and how you wanted your property to be divided and shared. It also lets the court know of your wishes, thus courts are more likely to follow your wishes than not.

I make drafting Wills easy. I ask direct questions and ensure that your wishes are clearly outlined in your Will. All Wills drafted by me are notarized and witnessed in accordance with Ontario laws.

Call or email me today to see how I can help you.

647-870 8388

roshni@gopaullaw.ca