Ensuring one has a will is only half the battle. In order to avoid outcomes such as an intestacy, or potentially costly proceedings, for instance proving a lost will, executors and beneficiaries of an estate need to be able to locate the original will of the deceased.  

It can be a prudent step to inform your executors and/or beneficiaries that, one, you have a will, and two, where it can be located in the event of your passing. Alternatively, you can keep the will in a safe, but easily found location like a safety deposit box.  

However, even where one passes away intestate, ensuring your beneficiaries have an idea of the scope and nature of the estate can go a long way to protecting their interest and safeguarding the estate from a myriad of potential issues. 

This story is an example of a truly unfortunate series of events following the death of a person whose beneficiaries simply were not properly informed that there was anything to be inherited.  

The events that transpired involved a police officer and a senior client representative of the Office of the Public Guardian and Trustee (“OPGT”), allegedly filing false materials, claiming that the former was the beneficiary of the deceased’s estate. The estate at issue was worth approximately $800,000.00.  

The deceased died intestate and without any children, being a life-long bachelor. The closest relative, who stood to inherit the entire estate under an intestacy, was the deceased’s younger half-brother.  

The OPGT initially reached out to the younger brother informing him of a potential inheritance, but when he followed up with them, he was informed that he should no longer expect to inherit anything. That was, until 2019, when the Toronto Police contacted the younger brother to inform him of an investigation into the estate for fraud.  

A lawsuit seeking to recover the estate quickly followed this news.   

While a will is usually advisable, in this case, if the deceased had simply informed his next-of-kin that there was an estate of value to be inherited, they could have taken action much earlier, potentially avoiding the present issues entirely. Simply speaking, one cannot pursue opportunities they do not know exist. 

For more information on estate planning, you can read a few of our blogs here and here. 

Thank you for reading and have a great day! 

Ian Hull & Raphael Leitz