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25th April 2023BY Qasim Nihang

7 Consequences of Not Having a Will in Ontario: Protecting Your Legacy and Loved Ones

As a law firm, we often see individuals who put off creating a will because they believe it is unnecessary or they simply haven’t gotten around to it. However, not having a will in Ontario can have serious consequences. Here are seven bad things that can happen if you don’t have a will:

1. Your assets may not be distributed according to your wishes

When you pass away without a will, the Succession Law Reform Act determines how your assets will be distributed. This means that your estate may not be distributed according to your actual wishes, potentially leaving some loved ones without the inheritance you intended for them.

2. Your estate may be subject to unnecessary taxes

Not having a will can result in your estate being subject to higher taxes than necessary. A will allows you to structure your estate in a tax-efficient manner, minimizing the tax burden on your beneficiaries.

3. You may not have a say in who cares for your minor children

If you have minor children, it’s important to name a guardian in your will. Without a will, the court will appoint a guardian for your children based on their best interests, which may not be the person you would have chosen.

4. Your estate may be tied up in court

When you don’t have a will, your estate may be subject to probate court proceedings, which can be time-consuming and costly. A will allows you to name an executor who will manage your estate and ensure that your wishes are carried out, potentially avoiding probate altogether.

5. Family disputes may arise

Without a will, family members may disagree about how your assets should be distributed. This can lead to costly legal battles and strained relationships between family members.

6. Your business may suffer

If you own a business, not having a will can have a significant impact on its operations. A will allows you to name a successor who can take over your business and ensure its continued success.

7. Your charitable legacy may not be fulfilled

If you wish to leave a legacy to a charitable organization, a will allows you to do so. Without a will, your assets may not be distributed according to your wishes, potentially leaving your charitable intentions unfulfilled.

In conclusion, having a will in Ontario is critical to ensure that your wishes are carried out and your loved ones are protected. Contact us today to learn more about how we can help you create a will that reflects your wishes and protects your legacy. Don’t leave your loved ones with unnecessary stress and costs because you didn’t have a will.


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Nihang Law Professional Corporation has the experience and expertise to resolve any issues that may arise in the areas of Immigration, Real Estate, Wills and Estates, Civil Litigation and Corporate Law. Please contact us at (416) 321-0353 or email us at for your legal needs.

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