What Happens if You Die Without a Will in Ontario?

The Reality of Intestacy

When you die without a Will, you die "intestate." This means you lose all control over what happens to your property, your money, and, most importantly, your minor children. Instead, the Ontario Succession Law Reform Act dictates exactly how your estate is divided using a rigid, one-size-fits-all formula.

Who Gets Your Money?

The government's distribution formula depends on who survives you:

• Spouse only (no children): Your spouse inherits everything.
• Spouse and children: Your spouse gets the "preferential share" (currently the first $350,000 of your estate). The remainder is divided between the spouse and the children. If there is one child, it's a 50/50 split. If there are multiple children, the spouse gets one-third, and the children split the remaining two-thirds equally.
• Children only (no spouse): The estate is divided equally among your children.
• No spouse and no children: The estate goes to your parents. If they are deceased, to your siblings. If they are deceased, to your nieces and nephews, and so on.

The Common-Law Trap

The biggest and most dangerous misconception in Ontario is regarding common-law partners. In Ontario, common-law spouses do NOT automatically inherit anything if you die without a Will.

Even if you have lived together for 20 years, your partner has no automatic statutory right to your estate. Your assets would instead go to your children, parents, or siblings. Your partner would be forced to sue your estate for support, a long, agonizing, and expensive legal battle.

What About Minor Children?

If both parents die without a Will, the government (Office of the Children's Lawyer) steps in. The court will decide who raises your children, which might not be the person you would have chosen. Furthermore, the children's inheritance will be held in trust by the government and handed to them in one massive lump sum the day they turn 18—an age where few are financially responsible enough to handle a large windfall.

Don't let the government decide your family's future. Creating a Will puts you back in the driver's seat.