Wills and Estates

8 good reasons to have a will:

• Eases the burden on loved ones at a time of grief.
• Appoints a guardian for your minor children.
• Reduces the time and cost of appointing an administrator.
• Ensures your estate is distributed according to your wishes.
• Avoids potential conflict among family members.
• Appoints the person you trust to handle your estate.
• Reduces the time frame for distribution of your estate.
• Specifies your funeral wishes.

Nothing adds more to the grief of losing a loved one than finding out that person died without a will. The legal term for this is “intestate”.

When a person dies intestate, the Estate Administration Act sets out a scheme of beneficiaries who will have an interest in the deceased’s estate. This can cause great emotional stress on family members and often does not distribute the estate in accordance with the wishes of the deceased. For example, if the deceased was separated but not divorced, the separated spouse may be entitled to a share in the estate. Conversely, a common law spouse may not be entitled to a share of the estate, regardless of the length of the relationship.