# Thinking of making a will? If you're in Canada, don't bother!

**URL:** <https://boards.straightdope.com/t/thinking-of-making-a-will-if-youre-in-canada-dont-bother/562527>\
**Category:** The BBQ Pit\
**Created:** [December 1, 2010, 10:45am UTC](https://boards.straightdope.com/t/thinking-of-making-a-will-if-youre-in-canada-dont-bother/562527 "2010-12-01T10:45:17Z")\
**Posts on this page:** 20\
**Page:** 5

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**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\
**Post date:** [January 25, 2011, 5:00pm UTC](https://boards.straightdope.com/t/thinking-of-making-a-will-if-youre-in-canada-dont-bother/562527/81 "2011-01-25T17:00:16Z")

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> [@spark240](#):
>
> So why should any of your offspring get anything? Why not let the judge assign it all to the state, or whatever else he likes? Why should _you_ care? You’re dead.

If you read the rest of my posts in this thread you’d notice that this is _exactly_ my point.

> [@BigT](#):
>
> So, it’s antiquated except when the money is willed to you. Awesome

Uh, no. My point is that if the law was changed tomorrow and my inheritance went to Uncle Sam, I’d be fine with that.

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**Author:** ![Cat\_Whisperer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cat_whisperer/32/4839_2.png) [@Cat\_Whisperer](https://boards.straightdope.com/u/Cat_Whisperer)\
**Post date:** [January 25, 2011, 5:23pm UTC](https://boards.straightdope.com/t/thinking-of-making-a-will-if-youre-in-canada-dont-bother/562527/82 "2011-01-25T17:23:55Z")

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> [@abused\_always](#):
>
> I know the feeling. It’s true about wills in Canada.  
> My dad passed recently and although his will stated that my brother and I were to inherit everything (which was nothing more than his friggin bills and funeral costs) and that his ex wife was to receive nothing…the well known phone company that he had worked at decided that they were above the law and gave the life insurance and his pension to her anyway.  
> He and his ex had even signed papers a few years back stating that she would give up her dower rights and that she would not be able to receive his life insurance and pension…but guess who’s rich now…and guess who gets stuck with his bills?  
> Why write a will? To make the lawyers richer of course…that’s all the wills are good for…same as separation agreements…and letters to a certain phone company…all for naught.

You’re not stuck with his bills. You can’t be held responsible for the debts owed by an estate - we were in the same position, and I paid zero dollars of my dad’s large debt. If someone’s telling you differently, get an inheritance lawyer.

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**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\
**Post date:** [January 25, 2011, 5:27pm UTC](https://boards.straightdope.com/t/thinking-of-making-a-will-if-youre-in-canada-dont-bother/562527/83 "2011-01-25T17:27:16Z")

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The estate is stuck with his bills. The ex is getting the pension and life insurance, so she doesn’t have to pay them… but the estate does, which means it’s coming out of **a\_a** ’s cut.

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**Author:** ![Cat\_Whisperer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/cat_whisperer/32/4839_2.png) [@Cat\_Whisperer](https://boards.straightdope.com/u/Cat_Whisperer)\
**Post date:** [January 25, 2011, 5:36pm UTC](https://boards.straightdope.com/t/thinking-of-making-a-will-if-youre-in-canada-dont-bother/562527/84 "2011-01-25T17:36:57Z")

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Like I said, **a\_a** needs to talk to an estate lawyer. Since she signed papers saying she was relinquishing claim to the insurance, it sounds like it should go to his children instead. She wouldn’t be liable for his debts anyway since they were divorced, assuming her name wasn’t on any of the credit cards or whatever.

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**Author:** ![Peremensoe](https://avatars.discourse-cdn.com/v4/letter/p/ce7236/32.png) [@Peremensoe](https://boards.straightdope.com/u/Peremensoe)\
**Post date:** [January 25, 2011, 5:41pm UTC](https://boards.straightdope.com/t/thinking-of-making-a-will-if-youre-in-canada-dont-bother/562527/85 "2011-01-25T17:41:46Z")

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> [@Really\_Not\_All\_That\_Bright](#):
>
> If you read the rest of my posts in this thread you’d notice that this is _exactly_ my point.
> 
> Uh, no. My point is that if the law was changed tomorrow and my inheritance went to Uncle Sam, I’d be fine with that.

I did read them. I’m not trying to convince you, I’m trying to illustrate the wrongness of your position for other readers.

Reassigning a bequeathal is not essentially different than seizing it, and a seizure after death is not essentially different than a seizure before.

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**Author:** ![kidchameleon](https://avatars.discourse-cdn.com/v4/letter/k/898d66/32.png) [@kidchameleon](https://boards.straightdope.com/u/kidchameleon)\
**Post date:** [January 25, 2011, 6:33pm UTC](https://boards.straightdope.com/t/thinking-of-making-a-will-if-youre-in-canada-dont-bother/562527/86 "2011-01-25T18:33:38Z")

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> [@Really\_Not\_All\_That\_Bright](#):
>
> Uh, no. My point is that if the law was changed tomorrow and my inheritance went to Uncle Sam, I’d be fine with that.

That always seems to change when family heirlooms and mementos are in the picture.

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**Author:** ![saoirse](https://avatars.discourse-cdn.com/v4/letter/s/5daacb/32.png) [@saoirse](https://boards.straightdope.com/u/saoirse)\
**Post date:** [January 25, 2011, 8:32pm UTC](https://boards.straightdope.com/t/thinking-of-making-a-will-if-youre-in-canada-dont-bother/562527/87 "2011-01-25T20:32:20Z")

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> [@villa](#):
>
> The state doesn’t like getting into the enforcement of terms it views as against public policy. So saying to my son “don’t marry a Jew” isn’t something they can do anything about. But if I want to give him an interest in property that says “to son, for as long as you don’t marry a Jew” then that is requiring the state to get involved - after my death, it is using the state to police him not marrying someone I would disapprove of. And that I don’t think the state wants to get into.

How long can the estate hold an inheritor to something like that? If 20 years later, Junior retires to Florida, meets a Jewish woman his own age, and marries her, is there any waythe estate can demand its monkey back? Or suppose Junkior marries a Jewish girl, as the will directs him, but then divorces her years leater and marries a gentile?

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**Author:** ![Euphonious\_Polemic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/euphonious_polemic/32/3002_2.png) [@Euphonious\_Polemic](https://boards.straightdope.com/u/Euphonious_Polemic)\
**Post date:** [January 25, 2011, 8:45pm UTC](https://boards.straightdope.com/t/thinking-of-making-a-will-if-youre-in-canada-dont-bother/562527/88 "2011-01-25T20:45:27Z")

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> [@saoirse](#):
>
> How long can the estate hold an inheritor to something like that? If 20 years later, Junior retires to Florida, meets a Jewish woman his own age, and marries her, is there any waythe estate can demand its monkey back? Or suppose Junkior marries a Jewish girl, as the will directs him, but then divorces her years leater and marries a gentile?

After 20 years, I think the monkey would be dead. They don’t usually live that long.

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**Author:** ![Shmendrik](https://avatars.discourse-cdn.com/v4/letter/s/ee7513/32.png) [@Shmendrik](https://boards.straightdope.com/u/Shmendrik)\
**Post date:** [January 25, 2011, 8:50pm UTC](https://boards.straightdope.com/t/thinking-of-making-a-will-if-youre-in-canada-dont-bother/562527/89 "2011-01-25T20:50:04Z")

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> [@Really\_Not\_All\_That\_Bright](#):
>
> If you read the rest of my posts in this thread you’d notice that this is _exactly_ my point.
> 
> Uh, no. My point is that if the law was changed tomorrow and my inheritance went to Uncle Sam, I’d be fine with that.

No need to wait for the law to change. You can just check off the box on your tax forms which lets you make a gift to the federal government and give them your inheritance. That’s what you’re planning on, right?

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**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\
**Post date:** [January 26, 2011, 2:29pm UTC](https://boards.straightdope.com/t/thinking-of-making-a-will-if-youre-in-canada-dont-bother/562527/90 "2011-01-26T14:29:28Z")

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People who recycle this stupid-ass argument unironically need to be punched in the face. No, you fucking idiot.

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**Author:** ![kidchameleon](https://avatars.discourse-cdn.com/v4/letter/k/898d66/32.png) [@kidchameleon](https://boards.straightdope.com/u/kidchameleon)\
**Post date:** [January 26, 2011, 2:39pm UTC](https://boards.straightdope.com/t/thinking-of-making-a-will-if-youre-in-canada-dont-bother/562527/91 "2011-01-26T14:39:27Z")

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Way to make a difference.

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**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\
**Post date:** [January 26, 2011, 2:50pm UTC](https://boards.straightdope.com/t/thinking-of-making-a-will-if-youre-in-canada-dont-bother/562527/92 "2011-01-26T14:50:37Z")

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Do you think taxes should be higher?

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**Author:** ![kidchameleon](https://avatars.discourse-cdn.com/v4/letter/k/898d66/32.png) [@kidchameleon](https://boards.straightdope.com/u/kidchameleon)\
**Post date:** [January 26, 2011, 2:55pm UTC](https://boards.straightdope.com/t/thinking-of-making-a-will-if-youre-in-canada-dont-bother/562527/93 "2011-01-26T14:55:26Z")

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> [@Really\_Not\_All\_That\_Bright](#):
>
> Do you think taxes should be higher?

Nope.

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**Author:** ![Shmendrik](https://avatars.discourse-cdn.com/v4/letter/s/ee7513/32.png) [@Shmendrik](https://boards.straightdope.com/u/Shmendrik)\
**Post date:** [January 26, 2011, 3:08pm UTC](https://boards.straightdope.com/t/thinking-of-making-a-will-if-youre-in-canada-dont-bother/562527/94 "2011-01-26T15:08:22Z")

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> [@Really\_Not\_All\_That\_Bright](#):
>
> People who recycle this stupid-ass argument unironically need to be punched in the face. No, you fucking idiot.

So, you want the government to take your money, but you wouldn’t give it to them voluntarily? Sounds like some kind of kinky financial S&M thing. Good times.

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**Author:** ![villa](https://avatars.discourse-cdn.com/v4/letter/v/bc79bd/32.png) [@villa](https://boards.straightdope.com/u/villa)\
**Post date:** [January 26, 2011, 3:13pm UTC](https://boards.straightdope.com/t/thinking-of-making-a-will-if-youre-in-canada-dont-bother/562527/95 "2011-01-26T15:13:34Z")

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> [@Shmendrik](#):
>
> So, you want the government to take your money, but you wouldn’t give it to them voluntarily? Sounds like some kind of kinky financial S&M thing. Good times.

Or, alternatively, it sounds like a grown up recognition of reality in the world, not a pathetic childish attempt at point scoring. An individual handing his inheritance over won’t alter anything, much the same as the idiotic bleating of “if you don’t like your tax cuts (which crippled the economy) give them back.” Giving them back does nothing if it is done by one person, two people, or even 10% of people. And because there are enough selfish tossers like you that will happily see the economy go down the shitter as long as you have your twinkies and premium cable, as well as plenty of people who will lie blatantly that they would give it back but won’t, then the adult recognition is that it is perfectly consistent to say “I think income tax rates should be higher” or “I think the government should tax estates more” without also having to voluntarily right checks to fund the required government spending that cheapskate cumstains seek to avoid funding.

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**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\
**Post date:** [January 26, 2011, 3:17pm UTC](https://boards.straightdope.com/t/thinking-of-making-a-will-if-youre-in-canada-dont-bother/562527/96 "2011-01-26T15:17:36Z")

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For the record, I would also not give up Twinkies to save the economy. Sometimes, the price is just too high.

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**Author:** ![Shmendrik](https://avatars.discourse-cdn.com/v4/letter/s/ee7513/32.png) [@Shmendrik](https://boards.straightdope.com/u/Shmendrik)\
**Post date:** [January 26, 2011, 3:20pm UTC](https://boards.straightdope.com/t/thinking-of-making-a-will-if-youre-in-canada-dont-bother/562527/97 "2011-01-26T15:20:17Z")

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> [@villa](#):
>
> Or, alternatively, it sounds like a grown up recognition of reality in the world, not a pathetic childish attempt at point scoring. An individual handing his inheritance over won’t alter anything, much the same as the idiotic bleating of “if you don’t like your tax cuts (which crippled the economy) give them back.” Giving them back does nothing if it is done by one person, two people, or even 10% of people.

That’s bullshit. I guess none of you guys use CFL’s or recycle because there’s no law forcing everyone to do it, right?

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**Author:** ![villa](https://avatars.discourse-cdn.com/v4/letter/v/bc79bd/32.png) [@villa](https://boards.straightdope.com/u/villa)\
**Post date:** [January 26, 2011, 3:27pm UTC](https://boards.straightdope.com/t/thinking-of-making-a-will-if-youre-in-canada-dont-bother/562527/98 "2011-01-26T15:27:24Z")

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> [@Shmendrik](#):
>
> That’s bullshit. I guess none of you guys use CFL’s or recycle because there’s no law forcing everyone to do it, right?

Sometimes individual action works. Sometimes it doesn’t. The world is not as simply as your kindergarten mentality sees it.

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**Author:** ![villa](https://avatars.discourse-cdn.com/v4/letter/v/bc79bd/32.png) [@villa](https://boards.straightdope.com/u/villa)\
**Post date:** [January 26, 2011, 3:28pm UTC](https://boards.straightdope.com/t/thinking-of-making-a-will-if-youre-in-canada-dont-bother/562527/99 "2011-01-26T15:28:29Z")

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> [@Really\_Not\_All\_That\_Bright](#):
>
> For the record, I would also not give up Twinkies to save the economy. Sometimes, the price is just too high.

I prefer Snowballs. The Hostess cake product, as opposed to the sexual act. Which I am not a fan of, at least not if it involves me.

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**Author:** ![Kimstu](https://avatars.discourse-cdn.com/v4/letter/k/ecd19e/32.png) [@Kimstu](https://boards.straightdope.com/u/Kimstu)\
**Post date:** [January 26, 2011, 6:39pm UTC](https://boards.straightdope.com/t/thinking-of-making-a-will-if-youre-in-canada-dont-bother/562527/100 "2011-01-26T18:39:44Z")

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> [@spark240](#):
>
> Reassigning a bequeathal is not essentially different than seizing it, and a seizure after death is not essentially different than a seizure before.

Nonsense. Of course it makes an essential difference whether the law intervenes in the assignment of the property **before** or **after** the death of the original owner. _After you’re dead, you don’t have any property._

It is, of course, absolutely correct that the law can’t tell you how to distribute your legally owned property while you’re alive (after taxes and other legal obligations, that is), since you are the undisputed legal owner of that property.

However, the second you join the choir invisible, you aren’t the undisputed owner of that property any more. In fact, you aren’t any kind of owner of that property anymore.

The owner(s) of that property are now the designated beneficiaries of your will, AND/OR other persons legally entitled to inherit from you, and/or the government if inheritance taxes apply. And there is no reason to consider any of those owners _a priori_ “undisputed”.

If you don’t like that simple fact of life, the remedy is equally simple: don’t die. Problem solved.

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