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STEP Canada • October 17, 2025 • 3 min read • featured


What Happens if I Die Without a Will?

Many Canadians delay creating a Will, often due to misconceptions about age, asset value, or the complexity of the process. However, dying without a Will (known as dying “intestate”) can lead to unintended consequences for your loved ones.

The Reality of Intestacy

When someone dies intestate in Canada, provincial or territorial laws dictate how their estate is distributed. This legal framework may not align with your wishes, potentially leaving close friends, unmarried partners, or charitable organizations without any inheritance. Moreover, the absence of a Will can result in:

 

  • Delayed estate settlement: Without a named executor, courts must appoint someone, prolonging the process.
  • Increased legal costs: Additional legal proceedings can deplete the estate’s value.
  • Family disputes: Ambiguities can lead to conflicts among surviving relatives.

 

A Common Oversight

Despite the importance of having a Will, many Canadians have yet to take this crucial step. According to a 2023 Angus Reid Institute survey, 50% of Canadian adults do not have a Will, and an additional 13% have one that is outdated. As discussed in our blog titled “Who Can Prepare a Will in Canada”?, it is recommended that you review a Will at least every three to five years or whenever you experience a major life change (such as marriage, divorce, the birth of a child, or acquiring significant assets).

 

The Angus Reid survey also highlights that younger Canadians are less likely to have a Will. Approximately 80% of individuals under 35 do not have one, and even among those aged 45 to 54, half are without a Will. Common reasons include the belief that they are too young or lack sufficient assets.

 

The Importance of Professional Guidance

While it’s possible to draft a Will independently, professional assistance ensures that your Will is legally sound and reflects your intentions. Trust and Estate Practitioners (TEPs), recognized by the Society of Trust and Estate Practitioners (STEP) Canada, specialize in estate planning and administration. They offer:

 

  • Expertise: TEPs have comprehensive knowledge of estate laws and tax implications.
  • Personalized advice: They tailor estate plans to each individual’s unique circumstances.
  • Ongoing support: STEP Canada provides TEPs with continuous training and resources.

 

Engaging a TEP ensures that your estate is managed according to your wishes, providing peace of mind for you and your beneficiaries.

 

Taking the Next Step

Creating a Will is a proactive measure that safeguards your assets and supports your loved ones. To begin:

  1. Assess your assets: Compile a comprehensive list of your assets and liabilities.
  2. Identify beneficiaries: Decide who will inherit your assets.
  3. Choose an executor: Select a trustworthy individual to administer your estate.
  4. Consult a professional: Engage a TEP to draft your Will and provide estate planning advice.

 

For more information and to find a qualified TEP, visit 'Why Hire a TEP'

 
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