FAQ | ESTATE AND ADMINISTRATIVE SOLUTIONS

Frequently Asked Questions

What is a Will?

A Will, also known as a “Last Will and Testament”, is a legally binding document that outlines your final wishes for the distribution of your assets after you die.

Do I need a Will?

If you own property, have investments, have children and/or pets, are married or in a common-law relationship, have a modest net worth, or one that is climbing, you should consider completing a Will for your own peace of mind.

The best time to make a Will was yesterday, and the second-best time to make a Will is today!

Can I make a Will without a lawyer?

Many assume that the only way to create a valid Last Will and Testament is to use a lawyer that is often an expensive and time-intensive process. Many Canadians who don’t have complex situations can make a Will, without a lawyer.

Some situations do warrant a lawyer’s help. You may need to ask an estate planning lawyer for legal advice if you are in one of these situations:

You want to exclude a spouse or child from your Will
You are in a second marriage
You have a child with a disability who is receiving government benefits
You have lots of assets outside of Canada
You have complicated tax questions that need a lawyer’s advice

However, if you have more straightforward needs, a simple Will is likely all you need to ensure your cherished ones are taken care of.

We will help you to create valid, legally-binding Wills.

What happens if I don’t have a Will?

In Canada, if you die without a Will, it's called dying intestate.

If you don’t have a Will when you die, your assets would be distributed according to the default rules of the province where you live.

Every province is different, but typically this is what happens in Ontario if you die without a Will:

A spouse but no children: Your spouse inherits your entire estate.
No spouse and no children: Your parents inherit your entire estate.
A spouse and one child: Your spouse inherits a specific portion of your estate, and your spouse and child share the remainder.
A spouse and more than one child: Your spouse inherits a specific portion of your estate, and your spouse and children share the remainder.
No spouse but some children: Your children share your estate equally.
No spouse, children, nor parents: Your siblings share your estate equally. If you have no siblings, your nieces and nephews split your estate.

Another important thing to note is that no Will means no executor.

When you haven’t appointed an executor in a Will, your death may cause tension among your family because someone needs to apply to the court to be placed in this role.

What are the different types of Powers of Attorney?