Do I Need a Will?

Many people ask this question … the answer may surprise you …


If you have a will, you can:


– decide who benefits from your estate.

– give items to certain individuals

– provide for a common law spouse, step-children or children of a common law relationship who are not related to you by blood

– choose your Estate Trustee – also called an Executor

– choose who will be the guardian of your minor children and who will look after their  assets.

– ensure flexibility in the administration of your estate

– reduce the cost of administering your estate

– reduce income taxes, particularly if you die leaving a spouse.
If you don’t have a will…

– the person appointed to administer your estate (act as executor) may not be the person that you would have chosen

– immediately after your death, no one will be able to handle your affairs until the Court has appointed someone to be the “Estate Trustee without a will”

– your estate may be divided in ways that may not reflect what you wanted

– relatives that you do not want to inherit may successfully make a claim for a share in your estate

– if you do not have any living relatives or if none can be found, your estate will go to the government


The importance of a will in this day and age cannot be overstated.  There are many ways to create a will.  If your estate is a “simple” one – one where there is only a modest asset and income base, then you have more options than just hiring a lawyer to create a will document.


Next month … see Holograph wills … what are they and How do they work?


Any questions, contact the Elliot Lake Legal Clinic at 461-3935 or ask Alex! at