Why Every Ontario Adult Needs a Will in 2026 — and What Happens If You Die Without One

There is a persistent and dangerous myth that wills are for the elderly, the wealthy, or the particularly morbid. The truth is that dying without a will — a condition lawyers call dying intestate — is not a neutral event. Ontario’s intestacy rules step in when you have not made your own decisions, and they routinely produce outcomes that bear no resemblance to what you would have wanted.

What Intestacy Actually Means

When you die without a valid will, the Succession Law Reform Act governs who inherits your estate. The Act follows a strict formula based on family relationships, with no regard for the personal dynamics, financial circumstances, or wishes that you might have expressed informally during your lifetime.

The formula works like this: if you leave a spouse and no children, your spouse inherits everything. If you leave a spouse and children, your spouse receives a preferential share (currently $350,000), and the remainder is divided between the spouse and children proportionally. If you leave children but no spouse, the children share equally.

These rules sound reasonable in the abstract. They become deeply problematic in real life.

The Common-Law Partner Problem

This is arguably the most devastating consequence of intestacy in modern Ontario. Common-law spouses — defined as couples who have lived together for at least three years, or who are in a relationship of some permanence and have a child together — have virtually no inheritance rights under Ontario’s intestacy rules.

Under the Succession Law Reform Act, only married spouses inherit on intestacy. A common-law partner of twenty years, living in a home you own, could find themselves with no legal entitlement to your estate at all. The home could pass to your estranged adult children. Your bank accounts could be frozen and distributed to relatives you haven’t spoken to in years.

If you are in a common-law relationship and you do not have a will, this is an emergency. Not an inconvenience — an emergency.

Blended Families: Where Intestacy Creates Conflict

Intestacy rules were written for a traditional nuclear family structure. They do not handle blended families well. If you remarried and have children from a previous relationship, dying intestate can trigger a distribution that effectively leaves your children from the first marriage with little or nothing — because the preferential share going to your current spouse absorbs much of the estate.

Conversely, if you want to leave everything to your current spouse and nothing to estranged children from a prior relationship, intestacy may not accomplish that either. A will — carefully drafted with the specific family dynamics in mind — is the only reliable way to express and enforce your intentions.

Business Owners and Intestacy

If you own shares in a private corporation, dying intestate creates immediate practical problems. Who manages the corporation while the estate is being administered? Who votes those shares? Who has signing authority? Without a will naming an executor and providing direction, the answer to all of these questions is: nobody, until a court appoints an estate trustee.

Court-appointed administration is expensive, slow, and provides no guidance about your wishes for the business itself. Should it be sold? Wound down? Passed to a family member? These are decisions that belong in a will — not in the hands of a judge who never met you.

Dying Without a Will Does Not Save Your Estate From Taxes

Some people avoid making a will because they believe — incorrectly — that dying without a will means their estate avoids probate fees or taxes. This is false. Ontario’s estate administration tax (probate) applies whether or not you have a will. The difference is that without a will, the estate may require a court application to appoint an estate trustee, which costs more — not less — than probating a proper will.

The Executor Problem

Without a will, you have not appointed an executor. That means someone must apply to the court to be appointed as estate trustee — a process that can take months and cost thousands of dollars. The court-appointed trustee may not be the person you would have chosen. They are required to post a bond (a form of insurance against mismanagement), which adds further cost.

With a properly drafted will, you name the executor you trust, you can waive the bonding requirement, and you can include specific powers that make administration more efficient.

What a Will Actually Does

A will is not just a list of who gets what. A comprehensive will prepared by an estate lawyer does far more:

• Names a trusted executor to administer your estate
• Specifies who inherits specific assets and in what proportions
• Establishes testamentary trusts for minor children or vulnerable beneficiaries
• Names a guardian for minor children
• Addresses specific bequests of personal property, artwork, jewelry, or other meaningful items
• Can include a secondary will to address private corporation shares and reduce probate fees
• Provides clear instructions that reduce the likelihood of disputes among beneficiaries

How Much Does a Will Cost?

A professionally drafted will from an Ontario estates lawyer is one of the most cost-effective legal documents you will ever purchase. The cost varies with complexity — a straightforward will for a single individual might start at a few hundred dollars; a more complex estate plan with trusts, secondary wills, and coordinated powers of attorney will cost more. Whatever it costs, it is a fraction of the expense of estate litigation, court-appointed administration, or the practical consequences of intestacy for people you love.

Final Thoughts

There is no good reason to delay making a will — and many compelling reasons not to. Life is unpredictable. Your wishes deserve to be documented clearly, legally, and professionally. The alternative is allowing Ontario’s intestacy rules to make those decisions for you, for your family, and for the people and causes you care about most.

Ready to Get Legal Advice You Can Trust?

Goldstone Law Professional Corporation serves clients across Mississauga, Brampton, Oakville, and the greater GTA in real estate, corporate, estate, and mortgage law. Whether you are buying your first home, structuring a business deal, or planning your estate, our team provides the clear, practical legal guidance you need.

Visit goldstonelawpc.com or call us at 905-595-9917. We are located at 201-186 Robert Speck Parkway, Mississauga, ON L4Z 3G1.

Disclaimer: This article is intended for general informational purposes only and does not constitute legal advice. For advice specific to your situation, please consult a qualified Ontario lawyer.