Getting your estate plan in order rarely feels urgent, especially when life is busy and other priorities seem more pressing. But delaying this task can have significant (and sometimes unexpected) consequences for you and your loved ones. Preparing a will isn’t just about dividing assets; it’s about ensuring your wishes are respected, reducing potential conflicts, and giving peace of mind to those you care about. Here are three key reasons to make your will a priority.
Control over your property
Having a will ensures you decide what happens to your property after you pass away. Without one, your estate is distributed according to Ontario’s Succession Law Reform Act, which follows a set formula. For example, if you die leaving a legally married spouse and no children, your spouse inherits your entire estate. If you have both a spouse and children, your spouse first receives a $350,000 “preferential share,” and the remainder is split — half to the spouse and half to one child, or one-third to the spouse and two-thirds to multiple children. If you have no spouse or children, your estate may even go to distant relatives you’ve never met. These rules don’t consider your personal relationships or wishes. A will lets you leave assets to close friends, charities, or a common-law partner — choices not recognized under the statute. In short, having a will ensures your assets go where you intend, not where the law dictates.
Reduced risk of family litigation
Dying without a will (intestacy) often leads to confusion and disputes among your surviving family members. When the law decides who inherits, some family members may feel unfairly treated, leading to tension or even lawsuits. If you were financially supporting someone — like a spouse or child — they might argue that they weren’t adequately provided for and seek a larger share through litigation. These disputes are expensive, time-consuming, and emotionally draining. They can permanently damage lifelong relationships. A clear, well-drafted will reduces ambiguity and provides guidance to your loved ones, helping prevent disagreements and protecting family harmony.
Protection for minor children
If you have young children, estate planning becomes even more essential. A will allows you to name a guardian, increasing the likelihood that someone you trust will care for them. The guardian you name serves temporarily for 90 days and can then apply to the court for a formal appointment — your wishes are given significant weight in that process. You can also create a trust for your children’s inheritance, choosing a trustee, setting guidelines for how funds are used, and determining when they’ll receive their inheritance. Without a will, a child’s share is held by the court until they turn 18, with limited flexibility in how funds are managed. Planning ahead gives you a say in your children’s future and ensures their needs are met responsibly.If this article prompts you to think about your own will (or a lack of one), consulting with a lawyer is the best way to create a document that reflects your wishes and complies with Ontario law. If you have questions arising from this article, please don’t hesitate to contact me: kira.domratchev@gowlingwlg.com.
Kira Domratchev, Law and Business ’12, is a Toronto-based litigation lawyer and partner in Gowling WLG’s global Private Client Services Group. An accredited Trust and Estate Practitioner (TEP) with STEP Canada, she focuses on estate, trust and capacity disputes. Her work blends legal precision with empathy, helping clients navigate will challenges, capacity disputes and related litigation with clarity and care. Kira also contributes to the legal community through the Ontario Bar Association, the Toronto Lawyers’ Association and Pro Bono Ontario.