What’s the big deal if I die without a will?  Well, the main thing is that you don’t get to determine who receives your assets or how much goes to each person. In Ontario, when someone dies intestate – without a will – the Succession Law Reform Act steps in and dictates how your estate is distributed.

(By the way, let’s clear up one misconception right here. If you die intestate, the government does not automatically receive your entire estate.) If you’re survived by your spouse and you have no children, things are quite simple. Your spouse receives your entire estate. The thing to note here is this doesn’t apply to common-law spouses.

If you’re survived by your spouse and your children, your spouse receives the first $350,000 of your estate and the balance is then distributed among your spouse and your children. (There are nuances to how the balance is distributed according to the number of children you have which I won’t get into here.)

If you die without a spouse or children, the Succession Law Reform Act specifies how your estate is to be distributed among your surviving relatives. Suffice it to say that it may surprise and perhaps even disappoint you to learn who stands to receive what.

Here are some other things to consider if you die without a will:

• You can’t leave money to charity
• You lose the chance to reduce the amount of your estate that goes to the government in the form of taxes

The other consequence of dying without a will is that you’re leaving a huge hassle for someone else to deal with.

Someone, usually a close relative, will need to apply to the court to be appointed as the estate trustee. If there is a dispute as to who should be appointed, the matter must be referred to a judge.

Even barring any such dispute, administering an intestate estate in Ontario can be a complex and overwhelming responsibility. Legal intricacies abound, and meticulous attention to detail (and enormous patience) is required.

It’s a long, drawn-out process. Which also means it can take a long time for your spouse, children, or other surviving relatives to receive their share of your estate. The best way to make your wishes clear and ensure your estate is distributed accordingly is to draw up a will. Be sure to work with a lawyer to get it right. Your loved ones will be glad you did.