The Hidden Dangers of Passing Without a Will in Ontario – Part 1

What happens if you die without a will in Ontario?

Are you like John?

John asked, “If I die without a will, can I avoid paying my creditors since I have no will to probate?” John thought dying intestate (without a will) in Ontario was not a blunder.

I advised John. “You can’t avoid paying your bills, taxes or probate by dying without a will. This is a common mistaken belief that some people may have. They have heard about some problems probate creates in families. Probate problems, if they occur, can cause delays and legal fees. These can be unbearable.

Without a will, no one is in charge of all your stuff. No one knows where to start until a court appoints an estate trustee without a will. This can take months or longer. In the meanwhile, who pays your bills? Who secures your home, pets and valuables?

In one case, it took six adult children two years to agree on who would sell their father’s home. By that time, there were only three lawyers in the courtroom and the home had been vandalized.

It is a mistake thinking that you can avoid probate by dying without a will. Actually, when you don’t bother making a will, the courts take over to decide how your stuff is distributed. The government gives you a will. It has rules that are inflexible and decide who inherits your stuff.

Making a will online may be a poor investment, if you don’t have a signed original.

What’s Your Estate Plan?

Do you find estate planning confusing? I wrote an estate planning book for Canadians. I can meet to discuss your needs. Book a meeting today. I look forward to helping you.

As a Certified Specialist, estate law is all I do.

Read Part 2 of this post, The Hidden Dangers of Passing Without a Will in Ontario.