Pitfalls of dying without a will

When it comes to thinking about our mortality, it is a subject not many of us like to explore (understandably so). However, it is one that needs to be carefully looked at during your lifetime – before it is too late.

When a person dies without a will (also known as intestate), you lose control of what happens to your assets when you die and some of these might surprise you.

• If there is a spouse and children (including children who are independent adults), the inheritance will be divided amongst all parties (everything does not all go to the spouse) above a certain estate value (preferential spousal share).

• Minor children (under the age of 18) will have their share controlled by the Office of the Children’s Lawyer and the courts until they reach the age of majority (at which age the kids get everything no matter the size of their share of the estate or the maturity level of your child).

• A common law spouse (i.e. not legally married) is not considered your next of kin and will not inherit anything through the intestacy.

• An heir that has disabilities might have their disability payments impacted by an inheritance in the absence of a will with properly drafted clauses.

Please contact our office at 613-869-5585 or email us at stittsvillelegal@outlook.com to book your appointment to have your Wills and Powers of Attorney prepared or updated.