In Short
If you die without a will in Canada, provincial intestacy law decides who inherits and who administers your estate — not you. Almost every adult needs a will, especially those with children, property, or specific wishes. A will lets you name guardians, choose an executor, and prevent avoidable delay, cost, and family conflict.
It’s the estate planning question almost everyone puts off: do I really need a will? For the large majority of Canadian adults, the answer is yes. A will is the single document that keeps control of your estate in your hands rather than defaulting to a set of provincial rules that may not reflect your wishes at all.
What Happens If You Die Without a Will
Dying without a valid will is called dying “intestate.” When that happens, your province’s intestacy legislation takes over and decides:
- Who inherits your assets — according to a fixed formula, not your intentions.
- Who administers your estate — a court appoints an administrator, which can take time.
- What share your spouse and children receive — which may not match what you’d have chosen, and can create hardship or conflict.
Intestacy can also exclude people and causes you care about entirely. A long-term partner you never married, a close friend, a stepchild, or a charity will generally receive nothing under the default rules.
Why Almost Everyone Needs One
A will isn’t only for the wealthy or the elderly. You likely need one if any of these apply:
- You have children and want to name a guardian.
- You own property or have savings and investments.
- You have specific wishes about who receives what.
- You want to choose your own executor rather than have a court appoint one.
- You want to reduce delay, cost, and conflict for the people you leave behind.
What a Will Lets You Control
With a valid will, you decide:
- Who inherits your assets and in what proportions.
- Who serves as executor to carry out your wishes.
- Who becomes guardian of your minor children.
- Specific gifts to people or charities that matter to you.
A Will Is Part of a Bigger Picture
A will works alongside the other estate planning essentials — powers of attorney and up-to-date beneficiary designations. Keep in mind that beneficiary designations on life insurance, RRSPs, and TFSAs generally pass outside your will, so both need to stay aligned. If giving to charity matters to you, a bequest can also be a tax-efficient part of your plan.
Getting Started
Creating a will is more straightforward than most people fear. A licensed advisor can help you understand how your assets will pass and coordinate with an estate lawyer to prepare the documents. It’s one of the simplest ways to protect the people you love — explore our estate planning overview to see how it all fits together.