Dealing with an Intestacy: the Importance of Making a Will

Dealing with an Intestacy: the Importance of Making a Will

Recent reports indicate that Chadwick Boseman is the latest celebrity to die without a Will. His wife is currently seeking to be appointed administrator of his Estate.

This certainly shows that many people, including those with significant assets, often procrastinate when it comes to preparing a Will. The fact is that, no matter how many assets you have, a sound estate plan can help you address any potential tax liabilities, take advantage of certain planning strategies and otherwise make life much easier for your beneficiaries, as addressing an intestate estate can often have its challenges.

The benefits of making a Will are numerous, including (but not limited to) the ability to:

  1. Decide who gets certain personal items after your death;
  2. In contrast to an intestacy, provide for your children (if any), particularly if they are minors;
  3. Consider whether there are any parties who can complicate the distribution of your estate and address potential strategies in response to that;
  4. Appreciate what assets will form a part of your estate and what assets will flow outside of your estate, as well as the benefits associated with either;
  5. Take care of any pets that you may have (particularly those that may be expensive to maintain); and
  6. Decide who will be in charge of administering your estate.

Without a Will, you essentially leave the decisions respecting your assets in the hands of others and more often than not, in the hands of the Court. In certain situations, having no estate plan may fuel disagreements between your heirs which may leave long lasting effects on family relationships.

I, for one, think these are great reasons to make an estate plan!

Incidentally, it is “Make a Will Month” with the Ontario Bar Association. Click here for more details.

Thanks for reading.

Kira Domratchev

Find this blog interesting? Please consider these other related posts:

Distribution on Intestacy: The Preferential Share

Who’s an Heir Under the Laws of Intestacy in Ontario?

Separation and Intestacy Rights – How Not to Benefit Your Spouse

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