The Cost of Not Having a Will: Legal Consequences and Financial Pitfalls
What really happens when someone dies without a will in Ontario?
Consider this: A father of two passes away unexpectedly. He owned a small business, had a mortgage, and several bank accounts. Unfortunately, he never got around to making a will. Now, his grieving family is stuck navigating Ontario’s complex probate system, facing frozen accounts, delays, and rising legal fees — all while dealing with their loss.
This isn’t rare. According to a 2023 survey by the Angus Reid Institute, more than half of Canadians do not have a will in place. The result? Emotional, legal, and financial fallout that often tears families apart.
In this blog, we break down the serious risks of dying without a will in Ontario and why wills and estate planning are crucial for protecting your loved ones and your legacy.
What Happens If You Die Without a Will in Ontario?
If someone dies without a will, they are considered to have died intestate. In Ontario, the Succession Law Reform Act (SLRA) governs how their estate will be distributed.
Source: Government of Ontario – Succession Law Reform Act
Without a will:
- The estate does not go automatically to the surviving spouse
- If there’s a surviving spouse and children, the spouse is entitled to a preferential share of $350,000 (as of 2021). The remainder of the estate is split — half to the spouse if there’s one child, or one-third to the spouse if there are two or more children, with the rest going to the children.
- If there are no children, the spouse may inherit everything
- If there’s no spouse or children, the estate may go to siblings, parents, nieces/nephews, or distant relatives
- If no relatives can be found, the estate can be absorbed by the government
You lose all say in who gets what — and how quickly they get it.
Learn more about probate and intestacy in Ontario
The Legal Consequences of Dying Intestate
1. Court Involvement and Delays
When there is no will, someone — usually a spouse or close family member — must apply to the court for a Certificate of Appointment of Estate Trustee Without a Will, granting them legal authority to manage the estate. This can take months, delaying funeral arrangements and access to accounts.
2. Probate and Administrative Hurdles
The estate still has to go through probate in Ontario, which becomes more complex without clear instructions or pre-designated beneficiaries.
3. Added Legal and Administrative Costs
Extra legal steps mean higher legal fees. Hiring a lawyer or estate trustee to sort out the estate can cost thousands more than preparing a will in advance.
Explore our probate and estate administration services
Family Disputes & Emotional Strain
Without a clear will, even close families can become divided. Common issues include:
- Arguments over who should manage the estate
- Disputes about who gets what
- Claims by estranged or distant family members
Unresolved issues often lead to litigation — costing the estate more and dragging out the process. Many family disputes over estates are entirely preventable with a will.
Financial Pitfalls of Not Having a Will
The financial toll of dying without a will can be severe:
1. Frozen Bank Accounts & Delayed Access
Spouses or children may not be able to access bank accounts or pay funeral costs without court approval.
2. Higher Probate Fees
Without proper estate planning, individuals may miss the chance to reduce probate fees by designating beneficiaries on accounts like RRSPs or TFSAs or by using strategic tools such as trusts — all of which can help avoid delays and costs during probate
3. Missed Tax Opportunities
Without proper planning, you could lose the chance to take advantage of:
- Tax-deferred rollovers (e.g., RRSPs to spouse)
- Capital gains planning
- Charitable donation credits
4. Risk of Assets Going to Unintended Heirs
Common-law spouses have no automatic inheritance rights under Ontario’s intestacy laws. Without a will, they are not entitled to any share of the estate, regardless of the relationship length or shared assets.
The Role of Wills and Estate Planning in Avoiding These Risks
Effective wills and estate planning eliminate uncertainty, minimize legal costs, and preserve your wishes.
Key Benefits:
- Choose who receives your assets, when, and how
- Appoint a trusted executor instead of relying on the court
- Create guardianship instructions for minor children
- Minimize probate and tax exposure
- Provide for blended families, dependents with disabilities, or special causes
Explore our Wills & Estate Planning Services in Ottawa
With a proper will and plan in place, your estate can often be settled in weeks rather than months or years.
Why Work With an Estate Lawyer in Ontario?
DIY wills, while convenient, often miss crucial legal elements or create ambiguity that leads to disputes. A qualified estate lawyer in Ontario ensures:
- Your will is legally valid and properly signed
- All assets are considered (including digital and foreign assets)
- Power of attorney documents are in place
- Your plan reflects current Ontario law and tax rules
At J. Solomon Law, we specialize in wills and estate planning tailored to Ontario residents. We guide you through every step — from drafting your will to helping loved ones navigate probate in Ontario when the time comes.
Protect Your Legacy Before It’s Too Late
Dying without a will doesn’t just delay your estate — it can disrupt your family, cost thousands in legal fees, and leave your assets in the hands of the government.
With proper wills and estate planning, you control your legacy and protect your loved ones.
Contact J. Solomon Law for professional wills and estate planning in Ottawa. We’ll help you build a clear, legally sound plan that brings peace of mind.
- Book a consultation
- Learn more about our estate planning services
FAQ
Q: What happens if I die without a will in Ontario?
Your estate is distributed under Ontario’s intestacy laws, which may not reflect your wishes.
Q: Who inherits my estate if I have no will in Ontario?
It depends on your family situation. A spouse may not receive everything. If no relatives are found, the government can take the estate.
Q: How can I avoid probate in Ontario?
Proper estate planning, including named beneficiaries and trusts, can reduce or bypass probate costs.
Q: Can I write my own will in Ontario?
Yes, but DIY wills often miss legal requirements. A lawyer ensures your will is valid and enforceable.
Disclaimer: This content is for general information only and does not constitute legal advice. For advice on your personal situation, consult a licensed estate lawyer in Ontario.