At CAM’s LAW OFFICE, we can help you with estate planning, administration, and litigation. Keep in mind the following before you pass away without leaving a Will:
- If you pass away without a will
You are said to have died intestate and your estate will be distributed according to The Intestate Succession Act. If you die without a will, your possessions will automatically go to the next of kin; if your next of kin are not notified of your death, or have themselves passed away, your possessions may become unclaimed and go to the Government of Manitoba. Simply, without a will you have no input as to who receives your assets. All this can be taking care of with estate planning.
- The law may change
If you die without a will, your possessions will be distributed using the existing law – the current law may be your ultimate wishes, but that law may change and may not be the one in place at your death. Why not ensure your possessions are divided as you wish, rather than relying on a law that can change? You deserve to decide on how your possessions are divided when you are no more.
- The wrong person might benefit
If you pass away without a will, and your next of kin is killed in a common disaster, another of your family members–one you did not intend to benefit–might receive your possessions. Relatives who may be in need might not be able to share your possessions … your favourite charity, pet, friends and other family members might be left out. Estate planning ensures that all of these and a lot more is taken care of when you are no more.
- Animosity among family members
Animosity is a common reaction among family members if you die without a will. Relatives might fight over choice prized possessions, such as jewellery and antiques; especially if you promised certain items to people during your lifetime. Planning an estate can ensure peace when you are no more.
- Who will manage your estate?
If you die without a will, who will oversee the distribution of your possessions and the managing of your estate? Without a will, you cannot guarantee that your administrator is someone that you trust.
- Expense for next of kin
If you die without a will, the person who takes care of your estate might have to post a bond and surety to allow them to manage your estate. This can be expensive.
- Complicated for next of kin
If you die without a will, your loved ones may have to apply to court to manage certain aspects of your estate. Without a will, you cannot specify the powers of your Executor/Executrix, or direct that funds intended to benefit a minor child be paid or transferred to that child’s guardian to allow for that child’s advancement in life.
- Who will take care of your children?
Who will take care of your children, if you die without a will? Although the Court determines guardianship of a child, they will always take directions in a will into consideration.
Other services include:
- Power of Attorney for property
- Power of Attorney for Personal care