No one likes to think about it, but what happens if you die without a will? Here’s what happens in Ontario.
In Ontario, dying without a will means you’ve died “intestate.” When that happens, your estate doesn’t automatically go to the people you might expect. Instead, the Succession Law Reform Act (SLRA) decides how your assets are distributed and the process can be slow, costly, and emotionally difficult for your loved ones.
Because there’s no named executor, someone must apply to the Ontario Superior Court of Justice to be appointed as the Estate Trustee Without a Will. This person is responsible for collecting your assets, paying your debts, and distributing what’s left according to the SLRA’s intestacy rules, not necessarily your personal wishes.
Here’s how the law divides an estate if there’s no will:
- Married spouse only: The entire estate goes to your spouse.
- Spouse and children: Your spouse is entitled to a preferential share (currently $350,000). The distribution of the remaining estate (the residue) then depends on the number of children:
- If there is one child: The remaining estate is split equally, with 50% going to the spouse and 50% going to the child.
- If there is more than one child: The spouse receives one-third (1/3) of the remaining estate, and the remaining two-thirds (2/3) is divided equally among all the children.
- Children only: The estate is divided equally among your children.
- No spouse or children: The estate passes to your parents, then siblings, nieces, nephews, and so on, down the family line.
- No living relatives: The estate ultimately goes to the Government of Ontario.
Common-law partners are particularly vulnerable. Under current Ontario law, they do not automatically inherit unless named in a valid will.
In addition to distribution issues, dying intestate can create practical challenges:
- Family members may disagree over who should apply as estate trustee.
- Minor children’s inheritances may be held by the Office of the Children’s Lawyer until they reach 18.
- Delays and legal fees often erode the value of the estate.
Simply put, without a will, you lose control over how your estate is handled, and your loved ones are left navigating complex procedures at an already difficult time.
The good news? Creating a will puts you in control. You choose who will manage your estate, who will inherit, and how. It’s one of the simplest ways to protect your family and bring peace of mind.
If you’re over 18, own property, have children, or simply want to make things easier for the people you love, now is the time to put a plan in place.
At Boardwalk Law LLP, we help clients prepare clear, practical wills that reflect their wishes and protect their families.
Your will is one of the most important documents you’ll ever sign, make sure it says what you mean. Please contact Brian M. Murphy, Associate Lawyer at [email protected] / 365.747.5687 to book a consultation today.
