What Happens If You Die Without a Will in Ontario?

Many Ontarians put off making a will, assuming they will get to it eventually. But dying without a will — known as dying intestate — can create serious problems for the people you leave behind. Without a will, the law decides who gets your property, who manages your estate, and even who looks after your children. The results may be very different from what you would have wanted.

Ontario's Intestacy Rules

When someone dies without a will in Ontario, the Succession Law Reform Act determines how the estate is distributed. If you are married with no children, your spouse inherits everything. If you are married with children, your spouse receives a preferential share (currently the first $350,000 of the estate), and the remainder is divided between the spouse and children according to a formula. If you have children but no spouse, the children inherit equally. If you have no spouse and no children, your estate goes to your parents, then siblings, then more distant relatives.

Common-Law Partners Get Nothing Under Intestacy

One of the most significant consequences of dying without a will in Ontario is that common-law partners do not inherit under the intestacy rules. No matter how long you have lived together, your common-law partner has no automatic right to inherit from your estate if you die without a will. They may be able to make a claim for dependant's relief, but this requires a court application and is not guaranteed. A will is the only way to ensure your common-law partner is provided for.

Who Manages Your Estate?

Without a will, there is no named executor (estate trustee). A family member or other interested person must apply to the court for a Certificate of Appointment of Estate Trustee Without a Will. This process takes time and costs money. It can also lead to disputes among family members about who should be in charge. With a will, you choose your estate trustee and make the process much simpler.

Guardianship of Minor Children

If you have children under 18 and both parents die without a will naming a guardian, the court will decide who raises your children. While the court will always act in the children's best interests, the process can be lengthy and stressful. A will allows you to name the person you trust most to care for your children.

Get Your Will Done

Making a will does not have to be complicated or expensive. Ken Wise & Associates prepares wills, powers of attorney, and estate plans for individuals and families in Ontario. Whether your situation is simple or complex, we can ensure your wishes are documented and legally enforceable. Contact us to get started.