What Happens If You Die Without a Will in Ontario? Intestacy Rules Explained

If someone dies without a valid Will in Ontario, they are considered to have died “intestate.” When this happens, Ontario’s Succession Law Reform Act determines who inherits the estate. Your wishes, verbal promises, or handwritten notes that do not meet legal requirements generally have no effect.

Many people assume their spouse automatically inherits everything. That is not always the case.

Who Inherits Under Ontario Intestacy Law?

If you die without a Will in Ontario:

1. If you have a spouse and no children, your spouse inherits the entire estate.
2. If you have a spouse and children, your spouse receives a “preferential share” (currently $350,000), and the remainder is divided between your spouse and children.
3. If you have children but no spouse, your children inherit equally.
4. If you have no spouse or children, the estate passes to parents, then siblings, then more distant relatives in a prescribed order.

Common law partners do not automatically inherit under Ontario intestacy rules. This is one of the most misunderstood areas of estate law.

What About Minor Children?

If a child inherits under intestacy and is under 18, their share may be paid into court or managed in a way you did not choose. Without a Will, you cannot control when or how your child receives their inheritance.

Who Becomes the Estate Trustee?

When there is no Will, there is no named executor. A family member must apply to the Ontario court to be appointed as Estate Trustee Without a Will. This process can delay estate administration and increase legal costs.

Additional Risks of Dying Without a Will

Intestacy can lead to:

• Unintended distributions
• Family disputes
• Increased probate delays
• Complications for blended families
• No guardianship appointments for minor children

Business owners face additional risk, as corporate shares may become difficult to manage without clear succession instructions.

Why a Will Matters in Ontario

A properly drafted Will allows you to:

• Choose your executor
• Decide who inherits your estate
• Protect minor children through trusts
• Plan for probate and tax efficiency
• Reduce the risk of litigation

Without a Will, the government decides how your estate is distributed according to Ontario law.

Estate planning is not only for the wealthy. If you own property, have children, or operate a business in Ontario, having a legally valid Will ensures your wishes are respected and your family is protected.