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In Canada, the absence of a will can complicate the distribution of a deceased person's assets and generate uncertainty among family members and loved ones, who end up wondering what will happen next with the estate and whether there will be legal solutions or, even worse, regret not having foreseen this important step in life.
In this Immiland Law blog, I have compiled the legal and practical implications of dying intestate in Canada, as well as the steps that are taken to handle probate when there is no will document. Join me in reading this topic to the end and if you have questions and concerns, we can handle them through a consultation. Let's get started.
The first thing to know is that "dying intestate" means that the person died without leaving a valid will. In Canada, this scenario means that provincial laws will dictate how the deceased's assets are to be distributed to his or her legal heirs, according to the specific legislation of their province of residence.
There are other implications of dying intestate that derive in the mood of the deceased's loved ones and relatives, in this case, by confusions and disagreements and even by relatives they did not know and who seek to dispute the inheritance.
It can also complicate distribution if there are multiple spouses, children from different relationships, or even adopted children. Whenever possible, it is advisable to make a will to avoid these complications and to ensure that your wishes are carried out in a clear and orderly manner. Below, I explain how intestate succession is governed in Canada.
The distribution of assets in the event of intestate death is generally governed by the intestate succession laws of the relevant province, which establish an order of priority for the distribution of the deceased's assets among his or her next of kin, such as spouse or common-law partner, children, parents and other relatives.
Practical example: if a person dies without children or spouse in Ontario, his or her assets will be distributed among his or her parents and siblings according to the guidelines established by the law of this province.
Are you facing a family intestate succession case in Canada and need help managing your process? At Immiland, we can help. Learn about estate law services.
When there is no will appointing an executor, the court may appoint an administrator of the estate to manage and distribute the deceased's assets. This administrator acts in accordance with provincial laws and is responsible for paying the deceased's debts and distributing the remaining assets according to statutory guidelines.
Important: If you have questions about the laws governing the management and distribution of assets after a death, it is advisable to seek advice from a Canadian lawyer.
We are a full-service, specialized firm for new immigrants to Canada and we are here to accompany you at every stage of your family planning process.
Ultimately, the legal process for an intestate succession in Canada is complex and follows a province-specific course, takes longer and can involve higher costs, as it requires superior court intervention to resolve potential disputes among heirs and ensure a fair distribution of the deceased's assets.
Given how cumbersome it can be not to leave a valid will that orders your wishes after your death, I urge you to take action. Start doing proper estate planning and drafting a valid will in Canada that will ensure your wishes are carried out and facilitate the succession process for your loved ones.
At Immiland Canada, we are committed to helping you understand your options and have a certified legal team that will guide you through the estate planning process to effectively protect your legacy.
In our next blog, we will discuss how to avoid the complications of intestate succession and the importance of estate planning in everyone's life.
Stay informed with us!
Learn about Immiland Law Professional Corporation's estate law services and if you need a consultation, you can contact us.
With love,
Immiland Canada
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