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ARTICLE · 20 MARCH 2026

Estate Essentials: Do You Need A Will?

WeirFoulds LLP
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A common question we receive as estate lawyers is whether it is necessary to make a Will. What’s the big deal about dying without one?

CanadaFamily and Matrimonial
Carissa DeMarinis
Carissa DeMarinis
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A common question we receive as estate lawyers is whether it is necessary to make a Will. What’s the big deal about dying without one? The short answer is that there are legal and tax consequences associated with dying without a Will. No matter how small or straightforward your estate may seem, there are advantages to having a well-drafted and properly executed Will, some of which will be discussed in this blog.

What happens if you die without a Will?

Each province has different rules which govern the distribution of the estate of someone who dies without a Will (i.e., someone who dies “intestate”).

In Ontario, if a person dies intestate, their estate will be governed by Part II of the Succession Law Reform Act, RSO 1990, c. S.26 (the “SLRA”).

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