Why Have a Will ?
If you die without a Will (Intestate), legislation and the Courts will determine who is entitled to your estate and the amount of your estate that they will receive (click here for example of Intestate Succession ). If you die without a Will and without Intestate Successors, your estate vests in the Government.
If you have infant children and you die without a Will and your Spouse is also deceased or unfit to act as the parent of your children, the Court will appoint someone to care for your children. This person may not be the person you would have chosen as the Guardian for your children. Contested Guardianship proceedings will result in your Estate incurring needless expense.
Personal Representative
A Will determines who controls your estate after your death (the Executor/Trustee/Personal Representative)
The Beneficiaries
A Will identifies the persons that will receive your estate (the beneficiaries)
Estate Expenses
Having a Will minimizes estate expenses that result when a person dies without a Will (if you die without a Will, the Court will have to appoint an Administrator)
