In this episode, we sit down with barrister and solicitor Hasan Naqvi to uncover why most wills fail — not because the will wasn’t prepared, but because those wills no longer reflect people’s lives or intentions.

From handwritten wills and intestacy rules to executor responsibilities and dual-will planning, we explore how wills actually function at death — and where they commonly break down.

In this episode, we break down:

• What actually makes a will legally valid
• What happens when someone dies without a will — and how intestacy rules decide who gets what
• Why common-law partners in Ontario can be left with nothing without proper planning
• How outdated wills fail to reflect changes in family, wealth, and intention
• The true role of an executor — and the complexity, risk, and liability that comes with it
• Why probate is required and how it works
• The different ways the government can take or control your assets
• Why cross-border assets and foreign laws can override your Canadian will

If you’ve been putting off updating your will — or haven’t even started one — this episode explains the risks many families only discover when it’s far too late.

Links:

1. CRA Takes 80% When You Die

2. Being an Executor Can Cost You Personally

Looking for trusted tax advice?

Connect with Sankalp (Sunny) Jaggi at Cedar Consulting Group.

Email: [email protected]
Website: cedargroup.ca

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Do you think most people understand how inheritance laws actually work?

Timestamps:

00:00 – Farmer’s tragic story → handwritten will on cloth
00:38 – Can handwritten wills be legally valid?
01:08 – Introduction to estate & death law discussion
01:39 – Detailed farmer accident & dying wish story
03:25 – Do wills always need witnesses & lawyers?
03:54 – Exception: holographic wills in life-or-death situations
04:48 – Is this rule Canada-wide or province-specific?
05:13 – What happens if you die without a will?
05:32 – Risks of intestacy & government rules
06:01 – Purpose of a will & role of executor
07:00 – Can government take control of your assets?
07:28 – Intestacy hierarchy explained (spouse vs. children)
08:50 – Provincial differences in inheritance laws
09:18 – When wills fail → outdated wills problem
10:55 – Changing beneficiaries & executor risks
11:16 – What exactly does an executor do?
12:39 – Executor disputes & family conflicts
13:31 – Taxes on death & executor liability
15:08 – What if executor dies or becomes unavailable?
16:30 – Can executor choose which assets to liquidate?
17:54 – Can non-family members inherit?
19:01 – Tax-efficient will structure → spouse-first strategy
22:16 – Separation vs. legal divorce inheritance case
23:18 – Lost wills & fire case study
25:16 – Are copies / digital wills valid?
28:19 – Do common-law partners get inheritance rights?
30:18 – Foreign marriages & legal recognition in Canada
32:35 – When does government actually take assets?
33:06 – Three ways government gets estate assets
34:10 – Abandoned assets problem (hidden bank accounts, etc.)
36:18 – No will + no heirs = government takes estate
37:08 – Court control during disputes
38:02 – Extreme family dispute murder case
39:43 – Can a murderer inherit an estate?
42:13 – Criminal conviction impact on inheritance
44:16 – Probate explained from a legal perspective
46:11 – Why banks & institutions require probate
47:54 – Probate fees & estate valuation process
49:35 – Can you probate only specific assets?
50:50 – Multiple wills strategy explained
52:16 – Wills for different countries & jurisdictions
55:30 – Sharia law inheritance vs. personal wills
58:53 – Final 3 key action steps for viewers