Every third Monday in February, Ontarians get a welcome break in the middle of winter. Family Day is a time for skating, family dinners, and catching up with the people who matter most. It's also one of the best opportunities of the year to have a conversation about your will.
This year, why not make Family Day more meaningful by thinking about your estate plan? Not only will you be protecting your family, you'll be giving yourself the peace of mind that comes with knowing your wishes are documented and clear.
Why Family Day?
Family Day is special because it brings people together. It's a day when you're already thinking about the people you love and how important they are to you. It's also a day when the pressure to work, run errands, or attend other commitments is reduced. You have time to sit down, talk to your family, and think about what matters most.
A will is, at its heart, a love letter to your family. It's a way of saying, "I've thought about you. I care about your future. I want you to be taken care of." There's no better time to write that letter than when you're surrounded by family and reminded of how much they mean to you.
The Conversation Nobody Wants to Have
We know that talking about death, wills, and estate planning is not fun. Most people would rather watch paint dry. But here's the thing: avoiding the conversation is much worse than having it.
When people don't have a will, their family faces:
- Uncertainty about what the deceased would have wanted
- Family conflict over inheritance and decision-making
- A lengthy and expensive court process (probate) to figure out who gets what
- Stress and grief compounded by legal problems
Having the conversation is the easy part. Not having it is what creates the real mess.
What Could Go Wrong Without a Will?
Here are just a few scenarios that play out in real families every year:
Scenario 1: A widow discovers that her common-law spouse (together 15 years, three kids) is not entitled to anything under Ontario's intestacy rules. The house goes to the children. The widow must apply to court for support and the whole process takes years.
Scenario 2: A father with adult children from two relationships dies without a will. His first family thinks one of his children should inherit his business. His second family thinks it should be divided equally. The dispute goes to court, costs drain the business, and relationships are permanently damaged.
Scenario 3: A single mother dies without naming a guardian for her eight-year-old son. The father (whom she did not want raising the child) applies for custody. A court must decide what's best for the child without knowing the mother's wishes. The family is devastated.
These situations are real. They happen to people in Peterborough and across Ontario. And they are all preventable with a will.
Five Questions to Discuss This Family Day
1. Who do you trust to manage your estate?
Your executor is the person responsible for carrying out your wishes, paying your debts, and distributing your assets to your beneficiaries. Think about who is trustworthy, organized, and capable. This is usually a spouse, adult child, or close friend—but it doesn't have to be.
2. Who gets what?
Do you want your estate divided equally among your children? Do you want to leave a specific gift to a grandchild or charity? Do you want to provide for a grandchild's education? Write it down. Be specific. This prevents confusion and conflict.
3. Who will care for your minor children?
If you have children under 18, your will is the only document that lets you nominate a guardian. Talk to the person you're nominating first. Make sure they're willing and able to raise your children. This is your most important decision.
4. Do you have a power of attorney?
A power of attorney is a document that lets someone make financial decisions on your behalf if you become incapable (due to illness, accident, or age). Many people need both a will and a power of attorney. Don't put off this decision.
5. Is your will current?
If you made a will years ago, it might be out of date. Major life events (marriage, divorce, children, grandchildren, death of a named beneficiary or executor) may require an update. Review your will every three to five years.
It Doesn't Have to Be Complicated
You don't need to be wealthy or have complex finances to benefit from a will. A simple will that names your beneficiaries, appoints an executor, and nominates a guardian for your children can make all the difference.
If you have a complicated situation (a blended family, multiple properties, a business, significant assets), a lawyer can help you create a comprehensive plan. But even a simple will is better than no will.
The cost of making a will is modest compared to the cost of intestacy disputes, probate delays, or the emotional toll on your family. It's one of the best investments you can make in your family's future.
A Family Day Resolution
This Family Day, make a resolution: Talk to your family about your will. Call a lawyer and book a consultation. Get it done.
You don't need to make the conversation dark or scary. Frame it as an act of love. "I want to make sure you're taken care of if something happens to me." "I want you to know my wishes." "I want to protect you and avoid conflict."
And then move forward with peace of mind. Enjoy your Family Day knowing that you've done something important, not just for yourself, but for the people you love most.
If you're in Peterborough or the surrounding area and you need help, we're here. Call us at (705) 749-0628 or contact us online. Let's get your will done this Family Day.
This article is for general information only and does not constitute legal advice. Every situation is unique. Please consult with a lawyer before making estate planning decisions.