What Happens If You Don’t Have a Will in Canada? (Hint: It’s Not Pretty)
Why putting off your will could cost your family time, money, and peace of mind—and how to fix it in under 20 minutes.
The Uncomfortable Truth We All Avoid
Let’s be honest—most Canadians would rather talk about literally anything other than death. Mortgages? Fine. Hockey trades? Bring it on. But ask about writing a will, and suddenly everyone has something urgent to do.
The numbers back this up: 57% of Canadians don’t have a will according to a 2023 survey by the Angus Reid Institute. Among younger Canadians (18–34), that number jumps to nearly 80%. Even among those aged 55+, almost one-third have no formal estate plan.
The excuses are predictable:
“I don’t have enough assets yet.”
“It’s too expensive to set up.”
“I’ll get to it when I’m older.”
But here’s the uncomfortable truth: if you die without a will in Canada, the government decides who gets your money, your home, and even who raises your kids. And those decisions may not reflect your wishes—or your family’s needs.
The Cautionary Tale
Consider this real-world scenario.
A Toronto father of two passed away suddenly at 47. He had no will. He assumed everything would “just go to his wife.”
It didn’t.
Instead, Ontario’s intestacy laws kicked in. Under those rules, his wife received the first $350,000 of his estate. The remainder was split between her and the couple’s minor children. Because the kids were under 18, their inheritance was placed into a government-controlled trust until they became adults.
The fallout was devastating:
His grieving spouse couldn’t access enough money to pay the mortgage and daily expenses without going to court.
Tens of thousands of dollars were eaten up in legal fees.
Instead of focusing on healing, the family was dragged into months of financial uncertainty.
All because one piece of paper wasn’t in place.
What Happens Without a Will in Canada
Every province has its own intestacy laws—rules that dictate how your assets are divided if you die without a will.
Here’s how it typically plays out:
Married with kids: Your spouse may get the first chunk (e.g., $350,000 in Ontario) and the rest is split with your children. If they’re minors, a government trustee manages their inheritance.
Married without kids: Your spouse usually inherits everything.
Single with kids: Your children inherit everything equally. Again, minors’ shares are managed by the courts.
Single without kids: Your parents, then siblings, then distant relatives are next in line. No close relatives? Your estate could go to the government.
Notice what’s missing? Common-law partners.
In most provinces, common-law spouses are not automatically entitled to inherit unless named in a will. That means your long-term partner could get nothing if you don’t formalize your wishes.
The Hidden Costs of Dying Without a Will
Beyond emotional stress, there are very real financial consequences:
Legal fees: Families often spend thousands navigating court processes.
Taxes & probate: Without a plan, assets may be distributed less efficiently, creating a bigger tax bill.
Delays: Estates without wills can take years to settle.
Family conflict: Siblings, step-parents, or distant relatives can end up in bitter disputes.
One Ontario lawyer put it bluntly: “I’ve seen families spend more on legal battles than the inheritance itself. It’s heartbreaking—and entirely preventable.”
Why Updating Your Will Matters Too
Even if you have a will, an outdated one can be just as dangerous as having none. Major life changes—marriage, divorce, children, new property, or even moving provinces—can all impact whether your will is valid.
For example:
In Alberta, getting married automatically revokes your will (unless it explicitly states otherwise).
In Ontario, marriage does not revoke a will—but divorce can change how certain clauses are applied.
In British Columbia, if you die with a will that doesn’t account for all children or stepchildren, your estate may face challenges under the Wills, Estates and Succession Act.
In other words, a will isn’t “set it and forget it.” It’s a living document that should be reviewed every few years—or whenever a major life event happens.
The Peace of Mind Equation
Think about what you spend hours agonizing over: choosing the right car, comparing mortgage rates, even scrolling endlessly for a new phone plan.
Now compare that to the impact of a will.
It gives your loved ones clarity. No second-guessing, no court battles.
It ensures your kids are protected. Guardianship decisions are made by you, not the government.
It saves money. A small upfront cost can prevent tens of thousands in legal bills later.
It brings peace of mind. You’ll sleep better knowing your family won’t be left in chaos.
And the kicker? Writing a will in Canada today is easier than ever.
Writing a Will: Easier Than You Think
Gone are the days when creating a will required expensive lawyer visits, endless paperwork, and weeks of delays.
Today, you can create a legally valid Canadian will online in under 20 minutes with platforms like Epilogue Wills. These services:
Are tailored to Canadian laws, province by province.
Walk you through the process step by step.
Let you update your will anytime your life changes.
Provide peace of mind without the hefty legal bill.
If you’re reading this thinking “I’ll do it later”—remember, later often becomes never.
Key Takeaways
57% of Canadians don’t have a will. Don’t be part of that statistic.
No will = government control. Your family could face delays, costs, and painful surprises.
Life changes mean updates. Marriage, kids, divorce, property—your will must evolve.
Peace of mind is priceless. A will isn’t about you—it’s about protecting the people you love most.
Don’t Leave It To Chance—Take Control Today
The worst legacy you can leave behind is confusion, conflict, and court battles. The best legacy? Clarity, compassion, and care.
Right now, you can create your will online with Epilogue Wills and save $20 with promo code WELLTH20.
It takes less time than ordering dinner. And it could save your family months of stress, thousands in fees, and heartbreak at the worst possible time.
👉 Visit EpilogueWills.com, use promo code WELLTH20, and protect your loved ones today.
Because the truth is simple: you don’t write a will for yourself—you write it for the people you love.
Disclaimer: This analysis is for informational purposes only and does not constitute financial advice. Investors should conduct their own due diligence and consult with a financial advisor before making investment decisions.