There are lots of reasons why people don’t have a will. Of course, as lawyers, we always advise our clients to have a proper will and power of attorney in place. Lots of time our clients, (or relatives even!) will tell us the reasons they don’t have a will. Here are some of the reasons we’ve heard:
- It’s too expensive
Believe us, not having a will can be even more expensive! If you do not have a will, then the government predetermines who will receive your assets. - I’ll just let the government decide how my estate can be split
While there are some cases where this applies, is most cases the default rules can cause more hardship than not. This can be an issue for a lot of people who, for example, are separated from a spouse, but are not divorced. In New Brunswick, that separated spouse would have an argument to claim 50% of your estate if you pass away without a will. Another issue can be if a person passes away leaving their spouse and children. Under the default rules, the estate is split 50% between the children and the spouse. This can be an issue for the spouse, who may need to immediately split their assets. - I don’t want to think about death, it’s too morbid
No one wants to think about their death, but that’s not what a will is for. A will is to assist your loved ones after you pass away, and to divide your assets in accordance to your wishes. Oftentimes a will is not viewed until long after one’s death. - I’ll let everyone else deal with it after I’m gone
We often hear this from people who have difficult decisions to make with their estate (such as having children who don’t get along), and don’t want to choose between their children or deal with other family drama. The problem is that after the person passes away, everyone involved is upset, and can attract estate litigation. Estate litigation can eat up your estate assets with legal costs that could have been avoided with a proper will.
If your loved one has passed away without a will, there are solutions in place. First, the family must decide who will be the administrator of the estate. The administrator of the estate acts in the same way as an executor would if a will had been created. To become the administrator, the interested person must apply for Letters of Administration with the New Brunswick Court. All of the family members must agree to this person becoming the administrator, and must sign a form stating they are not interested in becoming the administrator themselves. This process can be time-consuming and costly depending on the situation, and therefore it is always recommended that a will is created to avoid the situation.
If you need a will, or a loved one has passed away without having a will in place, contact Moss Hachey Law for assistance.
