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When a person dies without having left a valid will in Canada, known as dying intestate, the situation can become delicate, especially if there are minor children involved. Many times, families worry about what will happen to minor children because of the intestate death situation and end up questioning the failure to take this crucial step.
That is why, in this Immiland blog, I am going to explain the legal and practical implications that end up affecting minor children when their father or mother dies without having left clear testamentary instructions for their protection, safety and safeguard. I invite you to read this article to the end. Let's get started!
One of the main concerns when someone dies without a will and leaves minor children is to ensure their future care and well-being. In Canada, the court will appoint a legal guardian for the minor children of the deceased. This guardian will be responsible for the custody and care of the children, as well as administering any inheritance they may receive.
The appointment of a legal guardian will consider several factors, including the guardian's relationship with the children, his or her ability to provide adequate care, and his or her willingness to assume responsibility. The court will always look to the best interests of the children in making this decision. Here is an example of what happens in real life.
Practical example: if both parents die without a will and there are no other close relatives available, the court may appoint a guardian from among extended family members or even a professional guardian.
The crucial point for the family lies in whether this designation complies with the real will that the deceased father would have had during his lifetime.
Assets inherited by minor children of someone who dies without a will will will be administered by the appointed legal guardian. This administrator will be responsible for managing and protecting the assets until the children reach the age of majority.
It is important to note that the intestate succession process in cases involving minor children can be complex and require court intervention to ensure proper administration of inherited assets. The court will oversee the process to ensure that the interests of the children are protected at all times.
The latter represents a great relief for any person who is facing an intestate death and is concerned about the fate of minor children and their estate, however, the recommendation will always be to foresee these situations and discuss with the family the need to protect their loved ones with the preparation of a clear and timely will.
We are a full service and specialized firm for new immigrants to Canada and we are here to accompany you in every step of your family planning process. You can contact us at info@immilandlaw.com.
Remember that being away from your home country it is even more important to evaluate the circumstances surrounding death without a will and the significant implications that fall on the most vulnerable in the household: the minor children.
To avoid further inconvenience to those already involved in a death, the advisory team at Immiland Law Professional Corporation urges you to conduct proper estate planning to protect the interests and welfare of your children.
In our next blog, I will be giving you more practical advice on estate planning for families with minor children. Thank you for reading to the end. I invite you to follow our networks and comment on this and other topics about succession in Canada.
Stay informed with us!
With love,
Immiland
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