Originally published: April 20, 2017 | Last updated: March 26, 2025
Most Canadian adults understand they need a Will but more than 65% of them fail to create one. The consequences of dying intestate are severe and entirely preventable. The following ten reasons show why you must create your Will during this exact moment instead of waiting until tomorrow or next year.
Despite knowing they need a Will, over 65% of Canadian adults do not have one. The consequences of dying intestate are severe and entirely preventable. Here are ten compelling reasons to prepare your Will today, not tomorrow, not next year, today.
1. You Control How Your Estate Is Distributed
Without a Will, provincial intestate succession laws decide who gets what. Your spouse may not inherit everything. Common-law partners may receive nothing. Friends and stepchildren are excluded entirely. A Will lets you choose exactly who benefits, in what proportions, and under what conditions. You decide, not the government.
The distribution of assets follows provincial intestate succession laws when people do not create a Will. Your spouse needs to share the inheritance with other people who will receive different portions of the estate. The system denies any property rights to common-law partners. Friends together with stepchildren members of the family receive no share of the distribution. A Will allows you to specify which people will receive benefits and how much they should get and what terms should apply. You decide, not the government.
Your executor manages your entire estate after death. Without a Will, a court appoints an administrator, a process costing thousands of dollars, taking months, and potentially resulting in someone you would not have chosen. Naming an executor in your Will ensures the right person handles your affairs efficiently.
2. You Name Your Executor
If both parents die, only a Will can designate who raises your minor children. Without a guardian designation, a court decides; involving social workers, lawyers, and delays that add trauma to an already devastating situation. For parents, this is the single most important reason to have a Will.
Your executor will handle all of your estate assets once you pass away. The court system will select an administrator to manage your estate because you lack a Will which leads to expensive court proceedings that stretch over long durations and produce administrators who do not match your preferences. The right person will manage your affairs effectively because you have selected them as your executor through your Will.
While probate is required for many estates whether or not there is a Will, having a Will streamlines the process significantly. Your named executor can act immediately with legal authority, rather than waiting months for a court-appointed administrator. An Affidavit of Execution further simplifies probate by eliminating the need to locate witnesses.
3. You Name Guardians for Your Children
Strategic estate planning through your Will can reduce the tax burden on your estate. Charitable bequests generate donation tax credits against up to 100% of net income. Spousal rollovers can defer capital gains taxes. Proper distribution planning can minimize the overall tax impact. Without a Will, these opportunities are lost entirely.
The Will functions as the sole instrument which enables you to select the person who will care for your minor children when both parents pass away. The court must choose a guardian because people fail to register for guardianship which leads to social worker involvement and lawyer representation and extended court procedures that make an already painful situation more difficult. The single most essential reason for parents to create a Will exists.
A Will gives you the legal ability to exclude people from your estate (subject to provincial dependant relief laws). If you have a strained relationship with a family member, a Will lets you direct your assets elsewhere. Without a Will, intestate laws may give that person a share you never intended them to have. Note that in most provinces, legal dependants can still challenge a Will if they are not adequately provided for.
4. You Avoid a Lengthy Probate Process
A Will is the only way to include charitable bequests in your estate plan. For many Canadians, a bequest in their Will is the largest single charitable gift they will ever make. Intestate succession distributes assets only to legal relatives; charities receive nothing without a Will.
The probate process needs to happen for all estates which have Wills although the Will process makes probate easier to handle. The executor who you appointed in your Will can start working right away because they possess legal power without needing to wait for court approval of an administrator. The Affidavit of Execution process removes the need for witness testimony which makes probate procedures more straightforward.
A clear, properly executed Will is much harder to challenge than intestate succession. When there are no instructions, family members argue about what you would have wanted. A Will that explicitly states your wishes, is properly signed and witnessed, and was made while you were clearly of sound mind provides strong legal protection against disputes.
5. You Can Minimize Estate Taxes
There is no minimum age (beyond the age of majority), no minimum estate size, and no life stage at which you do not benefit from having a Will. Young adults need a Will because accidents happen unexpectedly. Middle-aged parents need one for guardian designations. Seniors need one because their estates are typically at their largest. A Will written today can be updated anytime as circumstances change.
Your Will allows you to develop strategic estate plans which will decrease the amount of taxes your estate must pay. The donation tax credits from charitable bequests will reduce your net income up to 100%. Spousal rollovers enable taxpayers to postpone their capital gains tax payments. Proper distribution planning can minimize the overall tax impact. Without a Will, these opportunities are lost entirely.
No one knows when they will die. Waiting for the “right time” means you may never have a Will when you need one most. The process takes about 20 minutes at LegalWills.ca and costs $49.95. That is a tiny investment of time and money for the peace of mind that comes from knowing your family is protected, your wishes are documented, and your estate will be handled exactly as you intend.
Stop putting it off. Read about why people avoid writing Wills and why none of those reasons hold up. Then create your Will today.
Tim Hewson is one of the founders of LegalWills.ca.
He has over 20 years of experience helping people to write their Will and other estate planning documents. He has been interviewed by many of the major news media outlets including CTV, Global News, The Toronto Star, and other leading Canadian publications. He has also contributed to a number of financial planning books.
Throughout his career, Tim has written extensively on the subject of Will writing and estate planning.
