Do I Really Need a Will in Ontario?

This is one of the most common questions people ask me and the short answer is: yes, you do. 

Whether you are single, married, have children, own property, or simply want peace of mind, having a valid Will in Ontario is one of the most important legal steps you can take to protect your wishes and your loved ones.

In this article, I'll explain why a Will matters, what happens if you do not have one and how a lawyer can help you avoid costly and stressful consequences down the road.

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What Is a Will?

A Will is a legal document that sets out your wishes about how your property and assets should be distributed after your death. It also allows you to name an executor - the person responsible for managing your estate - and, if you have children under 18, a guardian to care for them.

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Why You Need a Will in Ontario

Here are some of the top reasons why having a Will is essential:

1. You Decide Who Gets What

Without a Will, your estate will be distributed according to Ontario’s intestacy laws, which may not reflect your wishes. For example, if you are married but have children from a previous relationship, your spouse does not automatically inherit everything.

2. You Choose Who is in Charge

Your executor has an important job: paying your debts, filing taxes, distributing your assets and more. Without a Will, the court may appoint someone to do this - and it may not be the person you would have chosen.

3. You Can Name a Guardian for Your Children

If you have minor children and no Will, a judge will decide who will raise them. A Will lets you name someone you trust and who shares your values.

4. You Can Help Avoid Family Disputes

Clear instructions reduce the chances of family conflict, delays, or litigation. A professionally drafted Will adds clarity and legal certainty.

5. You Can Minimize Legal Costs and Delays

Dying without a Will often means higher legal fees, court delays and more paperwork for your family. Probate can become more complicated and expensive.

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What Happens If I Die Without a Will in Ontario?

If you die without a Will, you are considered to have died intestate. In that case:

• The Succession Law Reform Act decides who inherits.

• Your spouse and children will share your estate based on a fixed formula - not necessarily how you would want it.

• If you have no close relatives, your estate could go to the Ontario government.

• A court must appoint an estate trustee (often called an “administrator”) to manage your affairs, which adds delay and cost.

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What About Online Will Kits or DIY Wills?

While DIY Will kits and online tools are widely available, they can not provide legal advice and often miss important details - especially when it comes to blended families, real estate, tax planning or naming guardians. Small mistakes can make a Will invalid or lead to unintended consequences.

Having your Will prepared by an experienced Ontario lawyer ensures that your document complies with the law and reflects your unique situation.

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When Should I Make a Will?

You should consider making or updating your Will if:

• You have recently married, divorced, or separated

• You have had children or grandchildren

• You have bought or sold a home

• Your financial situation has changed

• You want to update your executor or beneficiaries

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Take Control of Your Future

A Will is not just for the wealthy or elderly – it is a vital tool for anyone who wants to make their wishes known and make things easier for their loved ones.

If you do not yet have a Will, or if you have one that may be out of date, it is a good idea to speak with an Ontario lawyer who can guide you through the process.

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Ready to take the next step?

Martins Law Firm is here to help you create a Will and Powers of Attorney that reflect your wishes and protect your family.

Whether you are planning ahead or managing urgent decisions, we're here to help you protect what matters most.

Planning for the future gives you peace of mind today.

Let Martins Law Firm help you secure your legacy today.

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This article is intended for informational purposes only and does not constitute legal advice. For assistance with your specific legal situation, please contact our office 416-536-5488.