What happens if I don't have a Will?

If you pass on without a Will, your Estate (your assets and finances remaining after payment of all debts and taxes) will be distributed according to the law of Intestacy. In Alberta, this legal statute is called the Wills and Succession Act. This law distributes the estate based on a list of people who have priority to gifts from the Estate. For example, the following is a brief list of the ways an Estate may be divided if there is an intestacy:

  • If the Deceased had a surviving Spouse or Adult Interdependent Partner, then 100% of the Estate will go to the Spouse or Partner;

  • If the Deceased had a surviving Spouse (or Partner) AND children from a different relationship (meaning that the children are not the Spouse’s biological children), the Estate is divided 50% (or $150,000.00, whichever is greater) to the Spouse and the remaining 50% divided among the Deceased’s biological children;

  • If the Deceased died with both a surviving Spouse and a Partner, the Estate is divided equally among the Spouse and Partner;

  • If the Deceased died with no Spouse or Partner, then the Estate is divided equally among his or her surviving children;

  • And so on…

The rules provide for every possible scenario to ensure that the Estate will go to some living relative, and can be quite complicated in certain circumstances. If the Deceased died with no relatives at all, then the Estate could be taken by the government.

It is important to have a properly completed Will in order to ensure your money and property gets distributed according to your wishes. Another important concern is the appointment of a Personal Representative to look after the Estate. If you die without a Will, then the Wills and Succession Act prioritizes a list of people who can apply to the Court to administer the Estate. This can be a problem where the person with priority fails to apply, or if he or she applies and is negligent in administering the Estate.

The benefit of a properly completed Will is that it will make sure your property is distributed according to your wishes, as well as ensuring that someone you trust is in charge of administering and distributing your Estate.