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Do you need a will?
Consider the following - before you die without leaving a Will.
1. If you die without leaving a will, the law states that your possessions are to devolve upon your next of kin. If your next of kin do not survive you or if your next of kin are not notified of your death, your possessions may remain unclaimed and become the property of the Government of Manitoba.
2. If you die without leaving a will, the law relating to the manner in which your possessions are distributed among your next of kin is subject to change as the legislation is amended. Do you wish to take the chance of leaving your possessions subject to changing laws?
3. If you die without leaving a will and if your next of kin, to whom you wish to leave your belongings, are killed in a common disaster, your possessions may be left to relatives you do not intend to benefit. At the same time, relative who are in need may be left out of sharing in your Estate. Your favourite charity shall be left out. And who will take care of your pet?
4. If you die without leaving a will, the distribution of your prized possessions, such as jewellery and antiques, may cause bitterness and division among your family especially if you have promised particular items to particular people on a variety of different occasions.
5. If you die without leaving a will, who will manage your Estate and distribute your possessions once you are gone? Without a will you cannot ensure that the person who administers your Estate is someone whom you trust.
6. If you die without a will, the person who administers your Estate may be burdened with the costly expense of posting a bond and surety in order to manage your Estate.
7. If you die without leaving a will, you may leave your loved ones with the burden of asking for directions from the Court to allow them to manage your Estate. Without a will you cannot specify the powers of your Executor, for example, to pay or transfer funds to a guardian of a child for that child's advancement in life.
8. If you die without leaving a will, who shall be the guardian of your children? Although guardianship is a matter entirely for the court to determine, directions in a will are persuasive.
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