Learn who inherits without a will and how Ontario law divides an estate among spouses, children and other relatives.
When someone dies without a will in Ontario, the Succession Law Reform Act determines who inherits. A married spouse and children may receive the estate, while a common-law partner does not automatically inherit.
When a person dies without a valid will, Ontario law decides who receives their estate. This is known as dying “intestate.” Questions about who inherits without a will can become urgent when family members have different expectations or the deceased made promises that were never put in writing.
Here is how the rules generally work and why getting legal advice early can make the estate easier to manage.
How an Intestate Estate Is Divided
Ontario’s Succession Law Reform Act sets out the order in which eligible relatives inherit.
A legally married spouse may receive the entire estate when there are no children. When the deceased leaves both a married spouse and children, the spouse generally receives a preferential share first. Any remaining amount is divided between the spouse and the children in accordance with Ontario’s intestacy rules.
When there is no married spouse or child, the estate may pass to other relatives, such as parents, siblings, nieces, nephews or more distant next of kin.
The answer to who inherits without a will also depends on which assets form part of the estate. Some jointly owned assets and accounts with named beneficiaries may pass outside the estate.
Married and Common-Law Spouses Have Different Rights
A common-law partner does not automatically inherit under Ontario’s intestacy rules. This is an important difference between married and common-law relationships.
A common-law partner may have other legal claims depending on the circumstances, but living together for many years does not by itself give that partner the same intestacy rights as a married spouse.
This can create an unexpected result when determining who inherits without a will, especially if the home or major accounts were held only in the deceased partner’s name.
Who Administers an Estate Without a Will?
Without a will, no estate trustee has been appointed. An eligible person must usually apply to the Ontario Superior Court of Justice for a Certificate of Appointment of Estate Trustee Without a Will.
The court does not automatically appoint the person whom the deceased may have informally chosen. The applicant must establish their right to administer the estate and may need consent from other people with an equal or greater entitlement.
Informal Promises May Not Be Enough
Statements such as “the cottage will be yours” or “my partner will get everything” do not usually override the intestacy rules. Verbal wishes, unsigned notes and family assumptions can lead to conflict, but they are not a substitute for a valid will.
Understanding who inherits without a will is particularly important for common-law couples, blended families and business owners, since the legal distribution may not reflect their intentions.
Plan Before the Law Decides for You
Ontario’s intestacy rules provide a default plan, not a personal one. A valid will allows you to choose your beneficiaries, appoint an estate trustee and address special family or business circumstances.
To discuss your estate plan, speak with Samantha Machado, review our Estate Planning services, or read our Practical Guide to Estate Planning in Ontario.
Quick FAQ
Not automatically. Ontario’s intestacy rules give inheritance rights to legally married spouses, but not to common-law partners. A common-law partner may have other possible claims depending on the facts.
The estate generally passes through a legal order of relatives, beginning with the deceased’s parents and then moving to siblings, nieces, nephews and more distant next of kin.
Beneficiaries may sometimes agree about how an estate is distributed, but tax issues, debts, minor beneficiaries and other legal rights can complicate the process. Legal advice should be obtained before changing the statutory distribution.
