No Will? Then the Government Decides — And Your Family Pays the Price

No Will? Then the Government Decides—and Your Family Pays the Price

 
Financial advisor Dave Ramsey famously says that skipping your Will is essentially telling your family you don’t love them. It’s a blunt way to put it — but as an estate lawyer in Ontario, I see the fallout firsthand, and he’s not wrong.

Right now, roughly half of Canadians don’t have a Will. If you’re one of them, here’s what you need to understand.

The government steps in—whether you like it or not

Dying without a Will in Ontario means you’re considered to have died “intestate.” That takes the decision-making power away from you and your loved ones and puts it in the hands of the province. Ontario’s Succession Law Reform Act then dictates exactly how your estate gets divided — based on a rigid formula that knows nothing about your family, your relationships, or your wishes.

The formula may surprise you

Most people assume their spouse automatically gets everything. That’s not always how it works. A surviving spouse in Ontario is entitled to the first $350,000 as their preferential share of the estate. If there’s money left over beyond that, it’s divided between the spouse and children, with the spouse taking one-third of the balance and the children splitting the remainder equally. 

And it gets more complicated from there. Common-law partners are not recognized as “spouses” under Ontario’s intestate succession rules, leaving them potentially without any claim to their partner’s Estate.  If you’re in a common-law relationship and have no Will, your partner could end up with nothing under the law.

Stepchildren fare no better. They are not entitled to inherit anything from an intestate estate unless they were legally adopted. 

It costs more and takes longer

Estate administration without a Will costs significantly more in legal fees, takes longer, and often requires posting a bond worth double the estate value. 

When someone dies intestate, no executor is pre-designated. A family member must apply to the court to be appointed as Estate Trustee without a Will — a process that involves gathering documentation, filing court applications, and waiting for judicial approval. For families relying on the deceased’s assets for daily financial stability, such delays can create immediate hardship. 

Sometimes it takes years to finalize an intestate estate before anyone receives their inheritance. 

Family conflict becomes more likely

Intestacy can create significant friction among family members. If the Succession Law Reform Act doesn’t align with the deceased’s perceived intentions or family dynamics, disputes and disagreements over inheritance are likely to arise—leading to strained relationships, legal battles, and emotional distress. 

And if there’s truly no family at all? If there is no discernible next of kin, the assets of the estate will go to the Ontario government. 

A Will is an act of love

As Dave Ramsey puts it, doing your estate planning is an act of love for the people you’ll leave behind. A properly drafted Will lets you choose who gets what, who manages your estate, and, critically, who looks after your children if the unthinkable happens.

It doesn’t have to be complicated or expensive to do it right. But not doing it can lead to significant costs in dollars, delays, and family heartache.

If you’ve been putting this off, April is as excellent a time as any to get it done. 

Your family deserves clarity and protection.
Let Smart Wills help you create a plan that gives you—and your loved ones—peace of mind.