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  • Writer's pictureNatalia Werhun-Popowicz

Why do I need a Will? - Isn't my spouse going to get everything anyways?

We hear this all the time - why do I need to spend money on having a will prepared when my spouse will inherit everything anyways?

Well - because this is not necessarily true.

When a person dies without a valid will, they die intestate and their estate is distributed in accordance with the provisions of the Ontario Succession Law Reform Act. Under the Act, if a deceased is survived by a spouse but no children, the surviving spouse is entitled to all of the estate. BUT, if the deceased had children, the surviving spouse is only entitled to the first $350,000 of the estate, and the remainder is split equally amongst the spouse and the children. This is usually not the outcome that the spouses intended and is even more problematic if any of the children are minors, in which case the Office of the Children’s Lawyer may need to get involved.

Further, common law spouses do not inherit under the Act so if the spouses were common law and not legally married, the surviving common law spouse is left in a difficult position.

To inquire about our Will & POA packages, contact us at

Werhun Law is a law firm located in Etobicoke serving the Greater Toronto Area. Werhun Law provides services primarily in residential and commercial real estate, mortgages, commercial leasing, and wills and estates. If you have any questions or are in need of legal services you can contact us at

The information in this post is for general informational purposes only. It does not constitute legal advice and does not create a solicitor-client relationship.

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