“Where there’s a WILL there’s a way”
It is important to have a “WILL”. Even if you do not have children or a lot of savings or property, your will has more than one purpose. Your will sets out your wishes, including:
- appointing your “Executor(s)” (the person/people who will carry out your wishes) and any alternate Executor(s) if the original Executor cannot or will not act
- how you are laid to rest (funeral, burial, cremation)
- who you name to look after your children (see Who will look after my child? section)
- arrangements or gifts for your children (for example, that your children receive half of their inheritance at one age and the other half at another age)
- arrangements for your pets, and
- what happens to your “estate” (money, belongings, other personal assets, property, real estate, etc.).
What if I die but I do not have a will?
If you die but you do not have a “will“, you are said to have died “intestate”. If you have not made a will, the law generally requires that someone apply to the court to be appointed to distribute your estate. The person will need to hire a lawyer to make the court application. If you die without a will, the Succession Law Reform Act sets out how your property will be divided. This may not be the way you would have chosen to divide your property.
Even if there is no will, some property and/or assets may be distributed without a court application. Examples include money that is in a joint bank account and property that is jointly owned. If you are dealing with the estate of someone who died without a will, you should get legal advice about how the estate can be administered and whether it is necessary to apply to court.
It is strongly recommended that you get legal advice and that you make a will.