Actualis



June 2007
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What if...?

 It seems that vacations and wills don’t necessarily go well together.
But a properly planned will can certainly help you take off on the adventure of your dreams in peace!

It’s summer and current events are giving us a little break. Why not take the time to think about the things we’re always putting off? That doesn’t mean finally getting your lawn mowed, but making sure your will is in order, that is, properly written or revised.

It’s true that people don’t like talking about this kind of thing, but worse than writing down your final wishes is not writing them down! That’s because, when there’s no will, the law takes over and, very often, it’s the government that decides how your assets will be divided among your heirs. The result may very well be contrary to your deepest wishes, especially if your living arrangements are somewhat complicated (blended family, children from more than one household, etc.).

The table below summarizes the provisions of the law in different Canadian provinces if you die without a will. Not really vacation reading … but it might motivate you to make decisions that will make your next vacation and many others much more agreeable.

 

What happens if you die without a will?
Survived by
Province Spouse Only Children Only* Spouse & One Child*
Spouse & Children*
Alberta All to spouse All to children 1st $40,000 to spouse; balance split equally

1st $40,000 to spouse; 1/3 balance to spouse; 2/3 balance to children
British Columbia All to spouse All to children 1st $65,000 to spouse; balance split equally
1st $65,000 to spouse; 1/3 balance to spouse; 2/3 balance to children
Manitoba All to spouse All to children All to spouse* All to spouse*
New Brunswick All to spouse All to children Marital property to spouse; balance split equally Marital property to spouse; 1/3 balance to spouse; 2/3 balance to children
Newfoundland All to spouse All to children Split equally 1/3 to spouse; 2/3 to children
Nova Scotia All to spouse All to children 1st $50,000 to spouse; balance split equally 1st $50,000 to spouse; 1/3 balance to spouse; 2/3 balance to children
Ontario All to spouse All to children 1st $200,000 to spouse; balance split equally 1st $200,000 to spouse; 1/3 balance to spouse; 2/3 balance to children
P.E.I All to spouse All to children Split equally 1/3 to spouse; 2/3 to children
Quebec All to spouse** All to children 1/3 to spouse; 2/3 to child 1/3 to spouse; 2/3 to children
Saskatchewan All to spouse All to children 1st $100,000 to spouse; balance split equally 1st $100,000 to spouse; 1/3 balance to spouse; 2/3 balance to children

* Provided the children are children of both spouses. Other situations may have different outcomes. If a child has died leaving issue and the issue is alive at the date of the intestate's death, the spouse takes the same share of the estate as if the child had been living at that date.

** Only if deceased has no other immediate family; otherwise, 2/3 to spouse; 1/3 to surviving parents or siblings. Spouse represents married or civil union spouse.

Source: Via, Desjardins Financial Security



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