As estate lawyers, we are often asked "Why do I need a
Will?". While the benefits of a Will are too numerous to
explain in a few short pages, we have compiled a list of some of
the most common, and arguably most important, reasons below.
You need a Will....
...to ensure that your estate is distributed in accordance with
your wishes.
If you die without a Will, contrary to popular belief, your
estate is not transferred to the government. (There is one rare,
but important exception to this rule: if you do not have any
surviving family members, even those remotely related to you, in
the absence of a Will your estate will be transferred to the
government subject to the Escheats Act.) However, in most
circumstances, your estate will be distributed to your family
members in accordance with Ontario's Succession Law Reform
Act, based on who survives you. As a result, family members
who you do not wish to benefit may be entitled to a share of your
estate, and vice versa:
