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…will be divided according to government laws, which may not be in accordance with your wishes.  This may not be the most tax-advantageous way to distribute your property.  And since you don’t have a say on who gets your property, you won’t be able to make specific gifts of cash, personal property, real estate, etc. to particular individuals or organizations either.

Peace of Mind Starts HERE:

To create your own Last Will and Testament (and don’t forget about creating your Powers of Attorney too!), just click on the image below:

Unlike other Wills kits:

  • The Will-O-Matic is based on provincial Wills laws.  I haven’t seen anyone else go to that length.  They tell you their product is good for “Canada”, but it’s not.  They don’t use the right language.  So why risk using their product?
  • The Will-O-Matic is more comprehensive than anything else out there.
  • I (a Canadian lawyer) created the Will-O-Matic.
  • The Will-O-Matic allows you to edit for free for the first year; other products give you a one-shot type of deal (but you can always pay more to edit).
  • The Will-O-Matic comes with comprehensive signing instructions to help you make sure you don’t enter the Will incorrectly and thereby render it invalid.
  • The Will-O-Matic comes with a comprehensive and regularly updated eBook (for Ontario, it’s over 70 pages long!) about Wills in your Province.  This just goes to show the level we go to when it comes to putting a high quality product on the market.
  • The Will-O-Matic includes a personal information, assets and liabilities checklist to help you get organized.
  • The Will-O-Matic is regularly updated (particularly when laws change).

No Will

To see what happens to your property if you don’t have a Will in a particular Province, just click on the link below:

Alberta
British Columbia
Manitoba
New Brunswick
Nova Scotia
Ontario
Saskatchewan

Alberta

In Alberta, if someone dies without a Will, their property will be divided according to the rules set out in Part 3 of the Wills and Succession Act:

  • If an individual dies leaving a surviving spouse or adult interdependent partner but no descendants, the entirety of the estate goes to the surviving spouse or adult interdependent partner.
  • If an individual dies leaving a surviving spouse or adult interdependent partner AND one or more descendants, then:
    • the entirety of the  estate goes to the surviving spouse or adult interdependent partner, if all of the deceased’s descendants are also descendants of the surviving spouse or adult interdependent partner, OR
    • if any of the deceased’s descendants are not descendants of the surviving spouse or adult interdependent partner,
      • the surviving spouse or adult interdependent partner is entitled to the GREATER of the prescribed amount (currently $150,000) or 50% of the net value of the estate, and
      • the rest of the estate shall be distributed among the deceased’s descendants (i.e. children and grand-children and great-grand children, otherwise the deceased’s parents, otherwise the descendants of those parents, otherwise the deceased’s grandparents, otherwise descendants of those grandparents, etc.).

British Columbia

If someone dies without a Will in British Columbia, their property will be divided according to the rules set out in the Estate Administration Act.  Sections 83 through to 89 of the Estate Administration Act say that, when a person dies intestate (i.e. without a Will), then their estate will be divided as follows:

  • entirely to their spouse (which includes a common law spouse), if only their spouse remains alive.
  • entirely to their “issue” on a per stirpes distribution (i.e. one level of descendants at a time and if someone has predeceased, then their next level of descendants would equally inherit their share), if only their issue is alive.
  • Where there is a spouse and issue, the first $65,000 of the value of the estate will go to the spouse and either 1/2  of the residue (i.e. the remaining amount) will go to the spouse if there is only one child OR 1/3 of the residue will go to the spouse if there is more than one child. The spouse is also entitled to the household assets.
  • WITHOUT a surviving spouse or surviving issue, then the entire estate will be split in equal shares amongst:
    • the intestate’s surviving father and mother (or to the sole survivor of them);
    • the intestate’s surviving brothers and sisters if there are no surviving parents (note: if a brother or sister is dead, then the children of the deceased brother or sister take the share their parent would have taken if living);
    • the intestate’s surviving nieces and nephews if there are no surviving siblings; and
    • the next of kin of equal degree of consanguinity to the intestate if there are no surviving nieces and nephews.

An estate goes to the government only if no relatives are known or they cannot be found, and if all time limits set by the law have passed.

Manitoba

If someone dies without a Will in Manitoba, their property will be divided according to the rules set out in the Intestate Succession Act, CCSM c I85.  Sections 2 through to 7 of the Intestate Succession Act say that, when a person dies intestate (i.e. without a Will), then their estate will be divided as follows:

  • Entirely to their surviving spouse or common law partner if they have NO issue (descendants of all degrees).
  • Entirely to their surviving spouse of common law partner if they HAVE surviving issue which belong to both of them
  • Where there is a surviving spouse or common law partner AND surviving issue only of the intestate BUT not of the spouse or common law partner, then the first $50,000 of the value of the estate OR 1/2 of the estate (whichever is greater) will go to the spouse or common law partner and then 1/2  of the residue (i.e. the remaining amount) will go to the spouse and the other 1/2 of the residue will go to the issue equally per capita 
  • WITHOUT a surviving spouse or surviving issue, then the entire estate will be split in equal shares amongst:
    • the intestate’s surviving father and mother (or to the sole survivor of them);
    • the issue of the intestate’s parents, distributed per capita at each generation (in other words, the estate will go to the intestate’s surviving brothers and sisters if there are no surviving parents; note: if a brother or sister is dead, then the children of the deceased brother or sister take the share their parent would have taken if living);
    • the paternal and maternal grandparents (or to the survivor of them) or their issue;
    • the paternal and maternal great-grandparents (or to the survivor of them) or their issue.

An estate goes to the government only if no relatives are known or they cannot be found, and if all time limits set by the law have passed.

New Brunswick

If someone dies without a Will in New Brunswick, their property will be divided according to the rules set out in the Devolution of Estates Act, R.S.N.B. 1973, c D-9.  Part II of the Devolution of Estates Act say that, when a person dies intestate (i.e. without a Will), AND:

  • is survived by a widow and NO issue (i.e. children, grandchildren, etc.), then the widow will receive everything;
  • is survived by a widow and ONE child, then the widow will receive any interest the intestate had in the matrimonial home and ONE-HALF of the residue of the deceased’s estate;
  • is survived by a widow and children, then the widow will receive any interest the intestate had in the matrimonial home and ONE-THIRD of the residue of the deceased’s estate;
  • is DOES NOT have a surviving spouse or issue, then the entire estate will be split in equal shares amongst:
    • the intestate’s surviving father and mother (or to the sole survivor of them);
    • the intestate’s surviving siblings if there are no surviving parents;
    • the intestate’s surviving nieces and nephews if there are no surviving siblings; or
    • the nearest ascertainable surviving relative if there are no surviving nephews or nieces.

Nova Scotia

If someone dies without a Will in Nova Scotia, their property will be divided according to the rules set out in the Intestate Succession Act, R.S.N.S. 1989, c 236.  Sections 4 through to 10 of the Intestate Succession Act say that, when a person dies intestate (i.e. without a Will), then their estate will be divided as follows:

  • Entirely to their surviving spouse if they have NO issue (which will be discussed in greater detail below)
  • If there is a surviving spouse AND issue, then the first $50,000 of the net value of the estate goes to the spouse.  The surviving spouse has the option to receive the home instead of the $50,000 where the value of the home is more than $50,000. Once the home and the $50,000 have been dealt with, the residue (i.e. the left over) will be divided between the spouse and the surviving children as follows: if there is only one child, then the residue will be divided equally between the spouse and that child; if there is more than one child, then one-third of the residue will go to the spouse.
  • If there is NO surviving spouse or surviving issue, then the entire estate will be split in equal shares amongst:
    • the intestate’s surviving father and mother (or to the sole survivor of them).
    • the intestate’s surviving brothers and sisters if there are no surviving parents.
    • the intestate’s surviving nephews or nieces if there are no surviving siblings.
    • the intestate’s next of kin of equal degree of consanguinity to the intestate.

Ontario

If someone dies without a Will in Ontario, their property will be divided according to the rules set out in the Succession Law Reform Act. There is a standard procedure which divides property according to family relationships. Here are some of those rules:

  •  If a person dies without a Will and is survived by a spouse without children, then the spouse is entitled to the property absolutely.  Worth mentioning is that a spouse is generally entitled to a preferential share under the Regulations made under that Act up to the first $200,000 of the estate before it is divided among any remaining heirs. This basically means that if the estate‘s net worth is $200,000, then the spouse will be entitled to all of it!
  • If a person dies without a will and a spouse and one child survive, then the spouse will be entitled to their preferential share and an additional 1/2 of the residue of the estate.
  • If a person dies without a will and a spouse and children survive, then the spouse will be entitled to their preferential share and an additional 1/3 of the residue of the estate.
  • If a person dies without a will and without any spouse or children surviving, then their living parents will be entitled to the property either equally (or one of them will get it absolutely if only one is alive).
  • If a person dies without a will, without any spouse or children, and without any parents, then their property will be distributed equally among any living brothers and sisters (or their children).
  • If a person dies without a will, without any spouse or children, without any parents, and without any brothers or sisters, then their living nephews and nieces inherit an equal portion of the residue of the estate.
  • Finally, if a person dies and there is no surviving spouse, children, parent, brother, sister, nephew or niece, then the property ―shall be distributed among the next of kin of equal degree of consanguinity to the intestate equally without representation. If a person has no such living next of kin, then generally the estate goes to the government.

Saskatchewan

If someone dies without a Will in Saskatchewan, their property will be divided according to the rules set out in the Intestate Succession Act, 1996, SS 1996, c I-13.1.  Sections 6 through to 12 of the Intestate Succession Act say that, when a person dies intestate (i.e. without a Will), then their estate will be divided as follows:

  • Entirely to their surviving spouse (which includes common law spouses as defined in that Act) or if they have NO issue.
  • If there is a surviving spouse AND issue, then the first $100,000 plus interest of the net value of the estate goes to the spouse and the residue (i.e. the left over)  will be divided between the spouse and the surviving children as follows: if there is only one child, then the residue will be divided equally between the spouse and that child; if there is more than one child, then one-third of the residue will go to the spouse.
  • If there is NO surviving spouse or surviving issue, then the entire estate will be split in equal shares amongst:
    • the intestate’s surviving father and mother (or to the sole survivor of them).
    • the intestate’s surviving brothers and sisters if there are no surviving parents.
    • the intestate’s surviving nephews or nieces if there are no surviving siblings.
    • the intestate’s next of kin of equal degree of consanguinity to the intestate.

written by pmmpa

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