Estate Planning Wills Poa

Why Every Canadian Needs a Will

A will is not just for the wealthy. It's a legal document that directs who gets your assets, who manages your estate, and who guardians your minor children. Without one, you're leaving these decisions to provincial law.

In Ontario, intestacy laws create a fixed priority. Your spouse receives the first $350,000 from your estate, and anything above that is split between your spouse and children—even if your spouse is the sole provider and your children are adults living across the country. In British Columbia, the spouse gets the first $300,000 plus a share of the remainder. In Alberta, your spouse gets the first $350,000 plus half of the rest, and your children inherit the other half.

Common-law partners face even greater uncertainty. In Ontario, a common-law partner may have limited rights unless they can prove financial dependence. In Quebec, common-law partners have no automatic inheritance rights whatsoever—only children and parents inherit. If your long-term partner isn't legally married to you, they could lose the family home and life savings you built together.

Without a will, the courts appoint an administrator (called a liquidator in Quebec or executor in common law provinces). This person is often a stranger to your family, the process can take 18 to 36 months, and your family cannot access funds for living expenses until probate is granted. The cost of hiring lawyers to manage an intestate estate typically runs $5,000 to $15,000 or more.