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ARTICLE · 01 DECEMBER 2020

Make A Will Month: Implications Of Dying Without A Will

Minden Gross LLP
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Having a Will is one of the most important things you can do for yourself and your loved ones. Your Will can protect your spouse, children, and assets, and dictate your precise wishes for how you...

CanadaFamily and Matrimonial
Jennifer Katz
Jennifer Katz
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Having a Will is one of the most important things you can do for yourself and your loved ones. Your Will can protect your spouse, children, and assets, and dictate your precise wishes for how you would like your estate handled upon your death.

Alternatively, dying without a Will can lead to many unintended consequences.

Earlier this month, we wrote about how an individual's estate is distributed on death under an intestacy (when he or she dies without a Will) and some of the resulting tax implications. This article will continue to explore some of the major consequences of dying without a Will.

Appointment of Executors and Trustees

If you die without a Will, no one is authorized to take any action to administer your estate until they are formally appointed by the court. An application must be made to the court for a "Certificate of Appointment of Estate Trustee without a Will." According to the Estates Act, the order of priority for acting as estate trustee

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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