It’s surprising, but true – about half of Canadians do not have a Will. Millions of people are leaving their estate, their loved ones, and even the guardianship of their children up to government rules rather than their own wishes.
Lawyer John David Sutherland helps guide individuals through life’s most important transitions. As a partner at Sutherland Marshall Professional Corporation Barristers and Solicitors in Oakville, he’s seen firsthand how the events of the past few years have reshaped our understanding of family, legacy, and the moments that truly matter. Sutherland says, “As many Ontarians confront their own mortality, the value in appropriate estate planning, including a Will is clear. If an individual dies without a valid Will, their estate will pass in accordance with the Laws of Intestacy. Allowing the legislature and the courts to determine your wishes rather than clearly setting them out in a Will is not ideal.”
Life is unpredictable and ensuring your loved ones are protected through proper estate planning is not something to put off for another day. Sutherland says, “It’s like buying life insurance. It’s one of those things that everyone knows they need but keep putting it off. There is a relief factor once people finally put pen to paper and they don’t have to think about it again.”
Ensuring your wishes are met
In Ontario, if you don’t have a Will, the government dictates how your assets are divided, prioritizing spouses, children, and other relatives in a strict order. Sutherland says, “Under the Law of Intestacy, if you’re married, a preferential share goes directly to your spouse, then the remainder is divided amongst your spouse and your issue. That could cause a problem in a second marriage where an individual might rather leave the majority of their assets to their own children, as nothing would stop their second spouse from leaving all they inherited to their own children or a new partner if they re-marry.” To protect your legacy and everything you’re worked for you should have a valid Will. A Will drafted without a lawyer may not meet the legal requirements.
Common-law spouses do not have the same legal rights as married couples when a partner passes away. Sutherland says, “Common law marriage is not a choice to be common law, but rather it’s a choice not to be married. As such, common law spouses are not afforded the same statutory protection as married spouses. Without a Will, the law dictates that the deceased’s assets do not go to the common law spouse but rather to their legal next of kin. It’s another reason to have a Will.”
Appointing an executor
One of the most important aspects of a Will is naming who you would like as an Executor of your estate, the person who will ensure your wishes are carried out. It is crucial that you select the right person for you, as well as an alternate.
Sutherland says, “If you don’t have a Will, a would-be Executor must apply to the court to be granted a Certificate of Appointment of Estate Trustee and may be required to post an administration bond.” It’s a process that takes time and money. Everything is frozen and nothing can be done until the Estate Trustee is confirmed by the court. A valid Will with a named Executor will keep the peace, ensuring your affairs are handled as you intended, without unnecessary drama.
Protecting minor children
No parent wants to imagine not being there for their children, but life is unpredictable. That’s why having a Will naming a guardian for your minor children is one of the most important decisions you can make. Sutherland stresses, “A Will also grants the guardian the authority to hold the money that you’re leaving for your children in trust to pay for school and other expenses. And when the children reach the age of majority, the Executor and guardian will be able to pay out the lump sum of the value of the estate to the children.”
The person must agree to assume legal guardianship, standing in for you in your role as a parent for the first 90 days, before the court confirms their status as legal guardian. A guardianship appointment should also have an alternate. If there is no Will naming a designated guardian, then the matter as to who is responsible for raising your children will be decided by the court.
Protecting your legacy
Estate planning is about ensuring that when life takes an unexpected turn, families are prepared, assets are secured, and wishes are honored. When individuals die without a Will, the mourning process can be overshadowed by legal, financial, and emotional burdens that loved ones are left to untangle. The last thing anyone wants during a time of grief is uncertainty and stress.
A legally drafted Will prevents confusion, minimizes conflict, and ensures everything runs smoothly. It gives those left behind clarity and peace of mind. John David Sutherland says, “We understand that planning your estate is about protecting your loved ones and your wishes. We will guide you through the process to ensure that your Will is legally sound and clearly drafted for your needs.”
Whether it’s drafting a Will, navigating complex estates, or setting up trusts, John David Sutherland helps clients take control of their future with clarity and confidence. Estate planning ensures the people who matter most are cared for.
John David Sutherland, who practices law with his wife Crystal, focuses on Real Estate Law and Wills & Estates, while Crystal specializes in Family Law. Sutherland says, “We recognize that our clients trust us with some of the most important decisions and transactions of their lives. We take that trust very seriously and will work tirelessly on our clients’ behalf.”
John David Sutherland would be happy to discuss creating or updating your will. Sutherland Marshall Professional Corporation provides a free, initial 30-minute consultation to begin the process.
Sutherland Marshall Professional Corporation is an award-winning law firm that offers a personalized approach to each client. Please do not hesitate to reach out
Contact Sutherland Marshall Professional Corporation Barristers & Solicitors (905) 844-0464; 344 Lakeshore Road E. Suite D, Oakville, or visit their website.