What is a will and what happens if I die without making one?

A will is a legal document that says who gets your property after you die.

The property you own when you die is called your . This might include the money in your bank accounts, real estate, or personal items like your jewelry or car.

If you have a or partner, you cannot make one will for both of you. You must each make your own will.

Reasons to make a will

No one can force you to make a will. But it's usually a good idea to make one. Making a will lets you decide things such as:

  • who gets your property, including your money
  • what your wishes are for your funeral and burial or cremation
  • who cares for your minor children for up to 90 days after you die
  • who manages the property you leave to your minor children
  • when and how you want people or organizations to get the property you leave them

A minor child is a child younger than 18 years.

Intestacy rules

If you die without a will, Ontario law has rules about who gets the property in your estate. These are called the .

The intestacy rules leave nothing to:

  • a common-law partner
  • a stepchild you have not legally adopted
  • a charity or organization that you support

Making a will lets you leave them something. Learn more about the intestacy rules in Step 1.

Estate trustee

After a person dies, someone needs to do things like:

  • arrange their funeral and burial or cremation
  • pay their
  • give property to

Making a will lets you choose a person you trust to be your who will do those things for you.

If you die without a will or do not name an estate trustee in your will, someone must apply to the court to become your estate trustee. This can cost a lot of money and take a long time.

For these reasons, it's usually a good idea to make a will, even if you do not have:

  • much property
  • a partner or children

Get legal help

It's possible to make a will yourself. But it's usually a good idea to talk to an estates lawyer before making one.

A lawyer can make sure you follow all the rules for making a will and help you make an  that meets your needs.

Step 5 explains what an estate plan is and where to get legal help and advice.

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