Do I Need a Will? Five Important Reasons to Have One in Ontario

Many people treat a will as something they can deal with later. The common assumption is that everything will “work out” and the right people will inherit anyway.

In Ontario, that assumption is often wrong.

If you die without a will, your estate is distributed under the Succession Law Reform Act. That legal framework determines who inherits, whether a common-law spouse receives anything, and who has authority to manage the estate. These outcomes may not reflect your intentions.

What a Will Can Do

A will does more than divide assets.

In Ontario, a will can:

• Name an estate trustee (executor)
• Decide who receives your property and money
• Create trusts
• Appoint decision-makers for minor children

The real question is not whether you have “enough” assets, it’s whether you want Ontario’s default rules making these decisions for you.

1. Without a Will, Ontario’s Default Rules Apply

If there is no will, your estate is distributed according to Ontario’s intestacy rules under the Succession Law Reform Act.

These rules follow a strict legal formula.

For example:

• The spouse receives a preferential share 
• A married spouse does not always receive the entire estate
• If the estate exceeds that amount and there are children, the remainder is divided

A will allows you to override this formula and control how your estate is distributed.

2. Common-Law Spouses Do Not Automatically Inherit

This is one of the most misunderstood areas of Ontario law.

Under Ontario’s intestacy rules, common-law spouses do not inherit automatically, regardless of how long you lived together or shared your life.

That means:

• No automatic entitlement to the estate
• No guaranteed financial protection

While a common-law partner may have other legal options (such as a dependent support claim), those are not automatic and can involve time, cost, and uncertainty.

A will is the clearest way to ensure a common-law partner is protected.

3. A Will Names Your Estate Trustee

Your will names the person responsible for administering your estate, your estate trustee.

This person handles:

• Collecting assets
• Paying debts and taxes
• Distributing the estate

Without a will:

• No trustee has been pre-selected
• Someone must apply to the court for authority
• This can delay administration and increase complexity

For estates over $150,000, a Certificate of Appointment of Estate Trustee is typically required, along with potential estate administration tax.

A will provides clarity and avoids unnecessary delays at a difficult time.

4. Marriage and Separation Can Affect Your Will

A will is not a “set it and forget it” document.

Ontario law has changed in important ways:

• Marriage no longer revokes a will (for marriages after January 1, 2022)
• Separated spouses may lose inheritance rights, depending on the circumstances

These changes mean that older wills may no longer reflect your legal or family reality.

If your circumstances have changed, such as marriage, separation, divorce, or children, your will should be reviewed.

5. A Will Is Essential If You Have Minor Children

If you have minor children, a will becomes even more important.

A will can:

• Appoint a person to take decision-making responsibility for your child
• Appoint a guardian of the child’s property
• Create a trust to manage money for the child

Without a will, these decisions may be left to the court.

For parents, the issue isn’t the size of the estate; it’s whether there is a clear legal plan in place for their children.

Why This Still Matters

The biggest risk is not complexity. It’s an assumption.

Without a will in Ontario:

• Your estate follows intestacy rules
• Common-law partners are not protected automatically
• No trustee has been pre-selected
• Life changes may not be reflected in outdated documents

A will ensures your wishes, not default legislation, guide what happens.

How Foote Law Can Help

Problems with wills often come from delay. People assume they can deal with it later or that their current document is still valid.

In Ontario, those assumptions can create avoidable issues.

Foote Law assists clients with:

• Preparing wills
• Reviewing existing wills after life changes
• Planning for common-law relationships and blended families
• Structuring estates involving minor children
• Creating trusts where appropriate

A will should reflect your current life and the current law.

Book Consultation Now

If you’re unsure whether your will is up-to-date, or whether you need one at all, getting clear legal guidance is the next step.