We spend much of our lives working to provide for our families, planning for milestones, and securing a future for our loved ones. However, many people overlook one of the most important parts of financial and personal planning — creating a legal Will. While it’s a difficult subject to confront, having a plan in place is essential to protect your family and your legacy.
The recent global pandemic has heightened awareness about the need for a Will. Over the past year, people have rushed to get their affairs in order. Lawyers, adapting to unprecedented circumstances, have been executing Wills in parking lots, on front porches, and even on the hoods of cars. During a portion of this time, the Ontario government enacted emergency legislation to allow for Wills to be completed virtually, underscoring the necessity of having a Will, especially during times of uncertainty.
What Happens If You Don’t Have a Will?
If you pass away without a valid Will, Ontario law will dictate how your estate is distributed. This process, known as intestacy, follows the rules set out in the Succession Law Reform Act, R.S.O. 1990, c. S.26. These rules may not align with your wishes. For instance, if you are in a common-law relationship and not legally married, your partner is not entitled to inherit your estate under this law. The act defines your “next of kin” and strictly follows this order, which could lead to unintended consequences.
Without a Will, you forfeit the opportunity to dictate how your assets are divided, who will care for minor children, or how charitable donations should be handled. A Will ensures that your intentions are respected and that your loved ones are taken care of in the way you choose.
Why Consulting a Lawyer is Essential
While there are online tools available for drafting Wills, consulting with a lawyer ensures that your Will is legally sound and tailored to your specific circumstances. A lawyer can help address unique situations, such as blended families, charitable giving, or complex asset structures. They ensure that your Will accurately reflects your wishes and complies with the law, helping to avoid any potential disputes or confusion for your beneficiaries.
If you’re ready to create or update your Will, it’s crucial to consult with an experienced legal professional. Jonathan Solomon can help guide you through the process and ensure your estate plan aligns with your intentions.
This article is for informational purposes only and does not constitute legal advice. For assistance in obtaining or updating a Will, please contact J. Solomon Law at 613-440-7400 or email info@jsolomonlaw.com.
