Dying without a Will can create problems for those you leave behind.
First, your property will be divided according to the Succession Law Reform Act (SLRA), which may not be the same as how you would have divided it.
Second, there will be extra time delays and expenses involved in wrapping up your affairs if there is no Will.
Third, a court will have to appoint someone to act as your personal representative so that your property can be distributed. The person appointed may not be someone you trust.
There are a number of other sound reasons to have a Will.
Minor Children: A Will allows you to appoint who has custody of your children under 18 and who has guardianship of your minor children’s property. The appointment needs to be approved by a court within 90 days of taking effect.
Stepchildren: A Will allows you to provide for stepchildren.
Specific Gifts: A Will allows you to give family heirlooms or other special items to specific people.
Common-law partners: A Will allows you to ensure that an unmarried partner receives their fair share and is not left without resources. The SLRA does not.
Avoid family disputes: A clearly-written Will should leave no doubt about how you wish your property distributed.
Name an executor: An executor is the person in charge of carrying out your final wishes. They are obligated to pay all debts before the assets of the estate are distributed.
Selecting your executor in advance allows you to select the best person for the task. It also gives the executor warning so they can prepare themselves and state whether they’re willing to be named.
Pets: A Will allows you to choose someone to look after your pets, and also to put some money aside to feed them and look after their health.
Support one or more charities: If you support a charity or agency, you may wish to leave something to the organization when you pass away.
Should you have a lawyer make your Will? Is it a good idea to use online forms to create your own?
A Will that is not properly signed and witnessed is invalid. Certain people are excluded from being a witness.
A lawyer will be able to draft the provisions in your Will so that your wishes will be clear and able to be legally followed.
Family circumstances can be unique and require special provisions. For example, a lawyer can set up financial trusts to provide for children, grandchildren, or a disabled relative.
Prior to the Covid-19 pandemic, lawyers at Chatham-Kent Legal Clinic drafted Wills for low-income clients. That service was suspended but we intend to offer it again in 2024.
If you are not low-income, consider asking a private bar lawyer to make a Will for you. It’s a good investment for the peace of mind doing so will give you.
- Walter Van de Kleut is CKLC executive director (www.cklc.ca, 519-351-6771).
