Do I Need a Will? What Happens If You Die Without One

What Actually Happens If You Die Without a Will

Dying without a will — intestate — means a statutory formula decides who inherits. In Ontario, a married spouse receives a preferential share of the first $350,000 of the estate, and the remainder is split with the children (half/half with one child; one-third to the spouse with two or more children). Most US states apply comparable formulas under their intestacy statutes: in many, a surviving spouse shares the estate with children, and in states like New York the spouse takes the first $50,000 plus half the balance. In no jurisdiction does the formula ask what you would have wanted.

The formula also ignores modern families. Common-law partners inherit nothing automatically on intestacy in Ontario and several other jurisdictions — the estate passes to blood relatives, and the surviving partner's only recourse is a dependant support claim against the estate. Stepchildren who were never legally adopted are likewise excluded. For blended families and unmarried couples across Canada and the US, a will is not optional housekeeping; it is the only document standing between your partner and disinheritance.

Minor Children, Guardianship, and the Cost of No Plan

A will is the only place most parents can nominate a guardian for minor children. Without one, a court chooses — after the fact, potentially amid competing family applications. Money is a second trap: an intestate inheritance for a minor is typically paid into court or to a public trustee and released as a lump sum at 18 or 19, an age at which very few people should receive their entire inheritance. A will avoids both problems by naming a guardian and creating trusts that stage distributions at ages you choose.

Intestacy is also slower and more expensive to administer. Someone must apply to be appointed estate administrator (in some jurisdictions posting an administration bond), and probate fees or estate administration tax still apply — Ontario's Estate Administration Tax runs roughly 1.5% on estate value over $50,000. A complete plan — will plus powers of attorney for property and for personal care — usually costs $600–$1,500 per person for a straightforward situation, a small premium against the legal fees, delay, and family conflict an intestacy routinely produces.

When Your Existing Will Is No Longer Good Enough

Wills go stale. Historically, marriage automatically revoked a prior will in many common-law jurisdictions; Ontario abolished that rule effective January 1, 2022, following British Columbia (2014) and Alberta (2012), but the rule survives in some provinces and a number of US states. Divorce works differently: in Ontario and most states, divorce revokes gifts to the former spouse and their appointment as executor while leaving the rest of the will intact — which can strand an estate with no executor and a gap where the residue was supposed to go.

The practical rule used by estate lawyers across North America: review your will every 3–5 years, and immediately after marriage, separation or divorce, a birth or death in the family, a business purchase or sale, or a move to another province, state, or country. Beneficiary designations on RRSPs, TFSAs, 401(k)s, IRAs, and life insurance pass outside the will entirely and must be reviewed at the same time — an ex-spouse left on a designation form defeats even a perfectly drafted will.

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