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Do I need a will in Canada? What happens if I die without one?

By Reynolds Edokpayi, Zenith Advisory Inc., Saskatoon · Updated October 2026 · 4 min read

Short answer: Yes, especially if you have children or assets in more than one country. Without a will, provincial law decides how your estate is divided and a court decides who cares for your children. A basic will costs a few hundred dollars from a lawyer and takes a week. It's the cheapest, most neglected part of protecting a family.

What happens without one

  • Your province's intestacy rules divide your estate by formula, which may not match what you'd want, especially for a common-law partner or a blended family
  • A court appoints a guardian for minor children; relatives may disagree
  • Someone has to apply to administer the estate, which takes longer and costs more
  • Assets abroad may be handled under different rules entirely

What a will does

Names who gets what, who looks after your children, who manages the estate, and (through a trust clause) how and when children receive money rather than a lump sum at 18.

How it fits with insurance and accounts

Life insurance, RRSPs and TFSAs with a named beneficiary pass directly to that person outside the will and outside probate. That's fast and private, and it's why we check beneficiaries on every account. The will handles everything else: the house, the bank accounts, the car, the things.

Two more documents

A power of attorney for property (who manages your money if you can't) and a health care directive (who makes medical decisions). Most lawyers do all three together.

Family in two countries

Property abroad usually needs a will valid in that country. Tell your lawyer about everything you own everywhere.

What we do

We don't draft wills; lawyers do. But every plan we build has an estate section, we check it exists, and we'll refer you to a lawyer if you need one.

Want this worked out for your numbers? We'll build a plan for your family that covers the risks, the savings and the goals, and show you what to do first.

Book a free 30-minute call Young families →

Related questions

Common questions

Questions people ask us

Can I write my own will in Canada?

Some provinces recognise a handwritten (holograph) will, and online will services exist. For anything beyond the simplest situation, especially with children or foreign assets, a lawyer's will is worth the few hundred dollars.

How often should I update my will?

After any major life change: marriage, divorce, a child, a move between provinces, a significant change in assets. Review it every five years regardless.

Get started

Your next step is a 30-minute conversation

  1. Book your free call. 30 minutes, no prep, no obligation.
  2. Get your written plan. Where you are, where you're going, and exactly what to do, in one document you can read.
  3. Put it to work. We implement it with you and review it every year.

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