Ottawa residents who've been putting off writing a will may want to reconsider — because dying without one in Canada can create serious headaches for the family you leave behind.
According to a 2024 Narrative Research survey, only 43 percent of Canadians have a current will in place. That means more than half — 53 percent — have nothing legally binding to guide what happens to their assets, their children, or their estate when they pass away.
What "Dying Intestate" Actually Means
When someone dies without a will, they're said to have died "intestate." In Ontario — where Ottawa residents fall under provincial law — the government steps in with a default formula for distributing your estate. That formula may have nothing to do with what you actually wanted.
Your assets get divided according to Ontario's Succession Law Reform Act, not your personal wishes. Depending on your situation, that could mean your spouse receives only a portion of your estate, with the rest split among your children — even if you intended for your partner to receive everything.
Common Misconceptions
Many people assume their spouse will automatically inherit everything. That's not always the case in Ontario. If you die without a will and have both a spouse and children, your estate is divided according to a prescribed formula. The spouse receives a "preferential share" (currently $350,000), and anything above that is split between the spouse and children.
Another common assumption: that common-law partners are treated the same as married spouses. They're not. Under Ontario law, common-law partners have no automatic right to inherit from your estate. Without a will, a long-term partner could be left with nothing — forced to take legal action just to claim what you both may have considered theirs.
Who Gets Custody of Your Kids?
For Ottawa parents, this is often the most pressing reason to get a will drafted. If you die without naming a guardian for your minor children, a court decides who raises them. That could mean a drawn-out legal process during an already devastating time, and an outcome your family didn't anticipate.
The Cost of Not Having a Will
Without a will, your estate must go through a longer, more complicated probate process. Legal fees can eat into what you leave behind, and family members may end up in disputes that could have been avoided with clear written instructions.
For Ottawa residents with property — especially with the city's real estate market — this matters more than ever. A house, an investment account, or even a small business can become tangled in legal limbo without a will.
How to Get Started
Writing a will doesn't have to be expensive or complicated. Ottawa has a range of estate lawyers and notaries who can draft a basic will, often for a few hundred dollars. Online will platforms are also available for simpler estates, though a lawyer is recommended if you have significant assets, a blended family, or a small business.
The bottom line: a will is one of the most straightforward acts of care you can do for the people you love. Don't leave it for later.
Source: Ottawa Life Magazine / Narrative Research 2024 survey