What Happens If I Die Without A Will?
Individuals may have questions and concerns about making a will. Our firm has the experience, honed during long years of practice, to answer those questions.
The Vancouver-based lawyers at McLellan Herbert, Barristers & Solicitors can answer all your wills and estates inquiries. With decades of experience in wills and estates law, they have an intimate understanding of the applicable acts and know how draw up a will that can avoid litigation.
What Happens To My Assets If Die Without A Will?
A will is a legally valid document that ensures that your assets are distributed according to your wishes after your death. Individuals who die without a will won’t have their assets distributed according to their wishes. Rather, the Wills Estates and Succession legislation will determine the distribution of the estate.
When there is no will, the Court will appoint an administrator who will divide the estate according to the Wills, Estates and Succession Act (WESA). The deceased’s wishes are not taken into account by the court or the court-appointed administrator if there is no will. Dying without a will means you have no input about which family members inherit your estate or in what proportions.
What Are The Risks If I Write My Own Will?
Writing a will without legal assistance can leave your estate vulnerable to litigation after your passing. Under the law, a will must be properly written and executed. Strict legal requirements must be heeded, without which a will does not have the requisite validity.
While online forms and will packages are available to individuals who want to write a will, they fail to give thorough instructions and proper legal guidance. Your will can be contested if you haven’t properly written or executed it. That means the matter may end up in costly litigation.