Key points about dying intestate in Ontario:
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- No control over distribution: Without a will, you lose the ability to choose who inherits your assets and how they are distributed.
- Intestacy rules apply: The Succession Law Reform Act determines the order of inheritance.
- No control over distribution: Without a will, you lose the ability to choose who inherits your assets and how they are distributed.
- Spouse and children first: Typically, your spouse (if any) receives a preferential share, and the remainder is divided between your spouse and children.
- No choice of executor: You cannot appoint an executor (the person who manages your estate) in a will, and someone will need to apply to the court to be appointed as estate trustee.
- Potential for delays and complications: The process of distributing your estate can be more complicated and time-consuming without a will.
- Common-law partners may not inherit: Common-law partners may not have the same inheritance rights as legally married spouses.
- Guardians for minor children not named: You cannot name a guardian for your minor children in your will.
In essence, having a will is crucial for ensuring your wishes are followed regarding the distribution of your assets and the care of your loved ones after you're gone.