What does a will do, and what happens without one in Ontario?
A will records who gets your property, who administers your estate as estate trustee, and who would raise minor children. Die without one in Ontario and a set formula decides who receives your property and who cares for your kids. A will does not control assets with their own beneficiary designations, which is why both need reviewing together.
I have had this conversation at kitchen tables all over Ontario. Someone tells me they know they need a will, they have known it for years, and they still have not done it. If that is you, you are not lazy. You are busy, and the topic feels heavy. I get that. Here is how I reframe it: a will is not really about death. It is about making a hard week easier for the people you love. It is one of the kindest pieces of paperwork you will ever sign.
What a will actually does
A will is a legal document that records your wishes for after you die. It says who gets your property, your house, your accounts, and your personal belongings. It also names who will administer your estate, called an executor in everyday conversation and an estate trustee in Ontario legal terms. That person pays your debts and taxes and makes sure what is left goes where you intended.
For parents, there is a third job, and to me it is the most important one. Your will is where you record who you would want to raise your minor children if you and their other parent both died. These are your guardianship wishes. A court makes the final call based on the best interests of the child, but a clear wish from a parent carries real weight. Without it, your family is left guessing on the worst week of their lives.
What happens if you die without one in Ontario
If you die without a will, the legal word is intestate. It does not mean the government takes everything. It means Ontario law steps in with a set formula, and that formula does not know your family the way you do.
Under that formula, a spouse and children share your estate by fixed rules. Your spouse receives what is called a preferential share first, currently the first $350,000 of the estate, so please check the current amount because figures like this can change. Anything above that is divided between your spouse and children according to the rules. That split may look nothing like what you would have chosen.
One surprise catches many couples off guard. In Ontario, common law partners have no automatic inheritance rights under intestacy, no matter how long you have lived together. Nothing simply passes to them the way it would for a married spouse. And if you have young children and no will, a court may end up deciding who looks after them. A will lets your voice be in that room, even when you cannot be.
What a will does not control
Here is the part that surprises almost everyone. A will does not override everything. If you have named a beneficiary on a life insurance policy or a registered account, like a TFSA or an RRSP, that money usually passes directly to that person, outside your will. Jointly owned property often passes to the surviving owner too.
The risk is when the pieces do not match. I have seen wills that left everything evenly to three kids, while an old beneficiary form quietly sent the biggest account to just one of them. A good plan coordinates all three: your will, your beneficiary designations, and how you own things jointly. Review those forms whenever you review your will.
A will also only deals with what happens after you die. It does nothing if you are alive but unable to make decisions after an accident or illness. That is a separate document. I explain it in plain language in my article on powers of attorney, and I suggest reading the two topics together.
When to make one, and when to review it
If you are an adult, the time to make a will is now. You do not need to be wealthy or retired. If people depend on you, or you have strong feelings about who should get what, you have enough reason to have the conversation.
Life changes should trigger a review. Marriage is a big one. In Ontario, marriage no longer automatically revokes a will, a change that took effect in 2022, so check that your documents still say what you think they say. Separation and divorce, the birth or adoption of a child, a death in the family, and buying a home are all good reasons to pull your will out of the drawer.
One more trigger matters deeply in the families I work with: a disability diagnosis. When a loved one receives disability benefits, leaving them money outright can unintentionally affect those benefits. That is where trust planning enters the picture. I walk through one key tool in my article on Henson trusts, designed for exactly this situation.
DIY kit or a real lawyer?
Do it yourself will kits exist, and for a very simple situation they are better than nothing. I will say this plainly, though: some situations deserve a real lawyer. If you have a blended family, a child or beneficiary with a disability, a business, property in another province or country, or any tension in the family, please sit down with an estate lawyer. Small wording mistakes can create big, expensive problems later.
I am not a lawyer, and nothing here is legal advice. This is education, so you can walk into that meeting informed and confident.
So here is my gentle challenge. Do not aim for perfect. Just book the appointment and get a first version signed. You can update it as life changes. What your family gets in return is clarity on the hardest week they will ever face. No confusion about who is in charge. No guessing about what you wanted. Just your wishes, clearly written, by you. That is not a document about dying. That is an act of love, and it is one you can finish this month.
See where you stand: the free RDSP readiness checker takes about a minute and shows whether an RDSP belongs in your plan and what the government could add. No signup, and no pressure.
A quick note: this post is educational, not financial advice. For guidance on your own situation, book a free conversation. You don't have to figure this out alone. I'm here to help you through every step.