What Happens if You Die Without a Will in Ontario?

Dying Intestate: What It Means

If you die without a valid will in Ontario, you die "intestate." Your estate is distributed according to a statutory formula set out in Ontario's Succession Law Reform Act (SLRA) — not according to your wishes, because without a will, your wishes are unknown. The results can be surprising and may leave loved ones in difficult situations.

The SLRA Distribution Formula

• Spouse, no children: Spouse inherits everything.
• Spouse and children: Spouse receives the first $350,000 (the "preferential share") plus one-third of the remainder if there is one child, or one-half if there are two or more children. Children share the rest equally.
• Children only (no spouse): Children share the estate equally.
• No spouse or children: Estate goes to parents, then siblings, then nephews and nieces, then other relatives in order of kinship.
• No relatives: The estate goes to the Ontario government.

Common-Law Partners Are Not Recognized

This is one of the most important points Ontario residents must understand: common-law partners have no inheritance rights under Ontario's intestacy rules. No matter how long you lived together, if you are not legally married and have no will, your common-law partner receives nothing from your estate under the SLRA. A will is essential for common-law couples.

Who Administers the Estate Without a Will?

Without a named executor, a court must appoint an "administrator" for the estate. This typically falls to the deceased's spouse or next-of-kin, but they must apply to the court for a Certificate of Appointment of Estate Trustee Without a Will — often more complex and expensive than probating a will.

Why a Will Matters

• Minor children inheriting intestate assets are subject to trustee oversight until age 18.
• A will can address guardianship for minor children — something intestacy rules cannot do.
• Tax planning opportunities through testamentary trusts are lost when dying intestate.