You keep saying I need a will, but what will actually happen if I don’t have one?

You keep saying I need a will, but what will actually happen if I don’t have one?

  • If you die without a will, provincial legislation determines who will inherit from you, and who will be authorized to act for your estate and distribute your property.
  • If you have a will, your executor is immediately responsible on your death. The court will further approve that when your will is probated and “letters probate” are granted.
  • Without a will, no one is immediately in charge and that can be problematic until someone applies to court.
  • With a will, probate is not always required. Without a will, someone must apply to be appointed as administrator of your estate – apply for “letters of administration”. (This may not be the person you would have chosen.)
  • The requirements for bonding and posting security are greater for an administrator than they are for an executor.

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