In Ontario, if you die without a will, your estate will be subject to the laws of intestacy. Intestacy refers to the legal process that determines how your assets and property will be distributed when you pass away without a will or a valid will. The rules governing intestacy are outlined in the Succession Law Reform Act of Ontario.
Here are some key points to consider if you die without a will in Ontario:
1. Distribution of Assets: The distribution of your estate will follow a specific order of priority. Generally, your assets will be distributed to your surviving spouse or common-law partner first, and then to your children. If you don’t have a surviving spouse or children, the order of distribution will extend to other family members, such as parents, siblings, and more distant relatives.
2. Equalization of Assets: Ontario’s laws of intestacy prioritize equalizing the distribution among your surviving spouse and children. The specific rules vary depending on the family situation. For example, if you have a spouse and children, your spouse may be entitled to a preferential share, with the remaining assets divided among the spouse and children.
3. No Will Executor: Without a will, you won’t have appointed an executor to manage your estate. In this case, the court will appoint an administrator to fulfill this role, typically a family member or a close friend.
4. Guardianship of Minor Children: If you have minor children, the court will decide who will have custody and guardianship of them in the absence of a will. It will prioritize the best interests of the children.
Dying without a will can lead to complications, delays, and unintended consequences, as the rules of intestacy may not align with your wishes. To avoid this situation and ensure that your assets are distributed according to your preferences, it is advisable to create a valid will. This will allow you to appoint an executor, specify how your assets should be distributed, and provide for the guardianship of minor children, among other important decisions. It is recommended to consult with a legal professional or estate planner to help you create a legally sound will that reflects your intentions and protects your loved ones.
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