A properly drafted Will is a necessity for every adult. Making your Will is an important step to ensuring your family will be properly looked after if anything should happen to you. Without a Will, you have no control over who will look after your property and your children if you pass away. A court will appoint someone to look after your estate, and, if required, to be the guardian of your minor children. The people the court chooses to appoint to these roles may not be the people you would have chosen.
If you are separated from your spouse, it is vital that you make a new Will as soon as possible. If you do not have a Will, the law in Ontario provides that your spouse will be entitled to inherit either all or a large share of your estate (depending on whether you have children and how many). If you have a valid Will, your existing Will remains in effect while you are separated unless you revoke it. Married couples normally leave everything to each other in their Wills. If you die before your divorce is finalized, and you have not made a new Will since separating, your former spouse will likely get everything.