What if you die without a Will (Intestate)?

I have had to deal with too many Canadians and their regret that a relative or friend did not have a valid will when they died. Example. I know of a woman who lived to 100, receiving congratulatory letters from the Prime Minister and the Queen. Her will had been revised in accordance with her wishes. However, she was hospitalized in an emergency and never got to sign that revised will. Following her death, with no signature, the courts decided on a previous will, splitting the estate in ways contrary to her wishes.

Of course not. You may be able to take the time to put together a legally binding document that will stand up in court But there are many ways to make a mistake and I assure you our clients do not want their intentions thwarted following their death. From past experience I can tell you that without a valid will, this can get very complicated and nasty to resolve. Let’s face it, when we die, we don’t want our assets going to relatives we didn’t care about, causes we didn’t like, or government coffers. Much will depend on the intestate laws of where you live, and whoever is appointed to handle your estate.

Since we are all going to die, we need a Will.  However, a PoA is not required. Having said that, putting a PoA in place is an extraordinarily smart action on your part. If you were to lose capacity without one, you could expose your family to potential feuds. Consider your PoA as insurance against that.

A Personal Directive is the legal term used in Alberta, somewhat equivalent to the term “Living Will” used elsewhere. It’s a decision by you to give authority to another person to act on your behalf if you are unable to do so yourself. For example, if you are ill and clearly in no position to make decisions. Your lawyer will help you draw up a suitable Personal Directive to reflect your wishes.