Scott Foley Plays a Widowed Pastor: 4 Estate Planning Steps Every Canadian Parent Must Take

When Amazon Prime Video launched It's Not Like That globally on May 15, 2026, Scott Foley stepped into one of television's most emotionally charged archetypes: the recently widowed father trying to hold his family together. In the series, Foley plays Malcolm, a pastor who has lost his spouse and must navigate raising three children while rebuilding his life alongside Lori (Erinn Hayes), a newly divorced mother of two. It is a fictional story — but the legal and financial situation it depicts affects hundreds of thousands of Canadian families every year.

In Canada, the death of a spouse without a current estate plan creates a cascade of legal complications that often falls hardest on the surviving children. If you are a parent — married, common-law, or single — the questions Malcolm faces as a character are the same questions any estate lawyer would ask you to answer before it is too late.

What Happens to Your Children If You Die Without a Will in Canada

Dying without a valid will is called dying "intestate," and under intestate succession laws in every Canadian province, the distribution of your estate follows a fixed formula — not your wishes. In Ontario, for example, the first $350,000 of an estate passes to a surviving spouse, with the remainder split between the spouse and children in defined proportions. The specific rules vary by province.

For a widowed parent like Malcolm — where there is no surviving co-parent to automatically inherit — the situation becomes more urgent. Without a will designating both an executor (the person who administers your estate) and a guardian for any children under 18, a court makes those decisions. The court will appoint someone it considers appropriate, which may or may not be the person you would have chosen.

The guardian designation in a will is not legally binding on a court, but it carries significant weight as an expression of the parent's intention. An estate lawyer can draft this designation in a way that maximizes the likelihood it is respected.

The RRSP and TFSA Problem That Catches Most Canadian Families Off Guard

One of the most common estate planning errors in Canada involves registered accounts. Your RRSP and TFSA do not automatically pass through your will — they pass by beneficiary designation. If your named beneficiary is your deceased spouse and you have not updated the designation, the account may be treated as though there is no beneficiary at all, collapsing the registered status and triggering full income tax on the RRSP balance in the year of death.

For a widowed parent, this oversight can cost a family hundreds of thousands of dollars in unnecessary taxes. The solution is straightforward but often overlooked:

• Name a successor holder for your TFSA (if in Alberta, BC, or another province where this is permitted) to allow the TFSA to transfer tax-free to a surviving common-law or married partner
• Name contingent beneficiaries on your RRSP — often adult children or a testamentary trust — if your primary beneficiary predeceases you
• Review all beneficiary designations after any major life event: death of a spouse, divorce, birth of a child, or a significant change in net worth

The Canada Revenue Agency's estate and registered accounts guidance provides the technical rules, but translating them into a practical plan requires a financial planner or estate lawyer who knows your full picture.

Guardianship and the Custodial Trust: Protecting Minor Children's Inheritance

If you die with minor children and no surviving co-parent, two problems arise simultaneously: who cares for the children, and how is money managed for their benefit?

Leaving assets directly to a minor child is rarely the right answer. In Ontario and most provinces, a child under 18 cannot hold significant assets in their own name. Assets left directly to minors are typically managed by the Office of the Public Guardian and Trustee (or an equivalent provincial body) until the child turns 18 — at which point the entire sum is handed over in one payment, regardless of the child's financial maturity.

The alternative is a testamentary trust — a trust created within your will that holds assets for your children under the management of a trustee you designate. The trust document can specify:

• The age at which distributions begin (many parents choose staged distributions at 21, 25, and 30)
• The purposes for which funds can be released (education, housing, healthcare)
• The trustee's investment obligations and reporting requirements
• What happens if a child predeceases the distribution date

A testamentary trust also has a significant Canadian tax advantage: it is taxed at graduated marginal rates (as if it were an individual) rather than at the top rate, which can meaningfully reduce the annual tax burden on trust income.

Life Insurance: The Cornerstone of a Single Parent's Plan

For many single and widowed parents, life insurance is the primary tool for ensuring children are financially protected. The death benefit of a life insurance policy passes outside the estate — directly to named beneficiaries, bypassing probate fees and providing liquidity immediately, without waiting for estate administration to complete.

Key considerations for Canadian parents reviewing life insurance:

Coverage amount: A common benchmark is 10 times gross annual income, though the actual number depends on your specific liabilities (mortgage, childcare costs), the age of your children, and whether other assets will be available.

Beneficiary designation: Do not name a minor child directly as the beneficiary. Instead, name a trusted adult trustee or a properly structured trust, to ensure the funds are managed rather than passed directly to a minor.

Policy type: Term insurance (covering a fixed period) is typically the right choice for parents covering the years when children are financially dependent. Permanent insurance has a role in estate equalization or as a tax-efficient savings vehicle, but requires advice from a financial professional.

What "It's Not Like That" Gets Right About Grief and Planning

Malcolm's situation in It's Not Like That is emotionally resonant because it is real. Across Canada, widowed parents face financial and legal decisions they were never prepared for, often within weeks of a devastating loss. The time to plan is before that moment arrives.

The four actions that matter most for any Canadian parent — regardless of marital status:

1. Draft or update your will, including guardian and executor designations
2. Review and update all beneficiary designations on registered accounts and life insurance
3. Discuss a testamentary trust with an estate lawyer if you have minor children or significant assets
4. Ensure your life insurance coverage reflects your actual financial obligations

ExpertZoom connects you directly with Canadian estate lawyers, notaries, and financial planners who specialize in exactly this kind of planning — so that the families you are protecting are actually protected.

This article is for informational purposes only and does not constitute legal or financial advice. Consult a qualified professional for guidance specific to your estate and family situation.