What happens to my child if I die without a Will?
Short answer
Two big problems: no one’s officially in charge of raising them, and the government ends up managing their money. Neither is ideal—and both can be avoided.
Long answer
One of the top reasons people finally make a Will? Kids. That was the push for me too. Here’s why it matters:
Guardianship
If you have custody, the other parent will usually and automatically get sole custody. But if both parents die (or you're a solo parent), it gets messy.
Without a Will, no one has automatic authority to raise your kids. Child services steps in, finds someone safe (hopefully a relative or close friend), and then a judge decides who gets permanent guardianship.
That could mean:
• Temporary foster care
• A court battle between family members
• Someone raising your kids that you never would’ve chosen
With a Will: You name a guardian. They have temporary legal authority and then that person still applies to court for permanent custody—but your wishes carry a lot of weight. You stay in control of who raises your children.
The Kids' Inheritance
Kids can inherit money—but they can’t own it.
If you die without a Will, and your kids are minors:
• The house may be sold
• Bank accounts, insurance, RRSPs—all paid into court
• The government manages it until they turn 18
The good news? Government investment returns are fine.
The bad news? They’re stingy. No extras for camps, tutors, sports, or family trips unless it’s court-approved—and that takes time.
And the kicker? At age 18, your kids get everything.
Even if it’s a million dollars. No strings, no support, no financial wisdom required.
With a Will: You can set up a trust that controls how and when your kids access the money. You can name someone you trust to manage it. You can delay the full payout until they’re older—25 or beyond—and even stagger it in stages.
Get a Will. Protect your kids. Have a say in their future—because the default system won’t.
This content is for general information only and does not constitute legal advice. Please consult a lawyer about your specific situation.