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.