When someone dies without a will, it can create uncertainty and emotional strain for their loved ones. Yet, many people don’t realize the importance of having a valid will until it’s too late. The legal system steps in during such situations, applying a set of predefined rules to distribute the deceased’s property. This process—called intestacy—can be particularly stressful if family members aren’t familiar with Ontario’s laws.

This blog explains what happens when there’s no will in Ontario. You’ll learn (1) how the law determines inheritances, (2) the consequences of not having a will, and (3) why creating a will is one of the most important steps you can take for your family.

What Does Dying Without a Will Mean?

When someone dies without a valid will, they are considered to have died “intestate.” Ontario’s Succession Law Reform Act governs how an intestate person’s estate is distributed. This means the deceased’s wishes—like who they wanted to inherit their belongings or manage their estate—are not taken into account. Instead, the law prescribes who gets what, based on their relationship to the deceased.

Although the legal system provides this framework, it doesn’t account for personal relationships or unique family dynamics. This can complicate matters for loved ones left behind and even lead to disputes within families.

Who Inherits When There’s No Will in Ontario?

Determining who gets what when there is no will depends on the family structure at the time of death. Here’s a breakdown:

If the Person Was Married (But No Will)

Spouse Only, No Children: The entire estate goes to the surviving spouse.
Spouse and One Child: The spouse receives the first $350,000 (called a preferential share), while any remaining assets are divided equally between the spouse and the child.
Spouse and Two or More Children: The spouse receives the first $350,000, and the rest is divided—with the spouse taking 1/3 and the children sharing the remaining 2/3 equally.

Key Note About Spouses

It’s important to remember that common-law partners are not recognized under Ontario’s intestacy laws. Unless explicitly named in a will, they do not inherit. This can leave many partners unprotected unless careful planning is done.

If There’s No Spouse

When no spouse survives the deceased, the estate passes to the next of kin in the following order:

Children (biological or legally adopted)
Parents
Siblings
Nieces or Nephews
Other Distant Relatives

If no living relatives can be found, the estate goes to the Crown (Ontario government)—a situation no one hopes for.

Why Having a Will Matters

Intestacy laws ensure that assets are distributed, but they don’t account for the unique needs of your family. Here’s why having a will is so important:

Control Over Your Estate

Without a will, you lose the ability to decide who inherits your money, property, or cherished possessions. You also cannot choose your executor, leaving that decision to the courts.

Guardianship of Minor Children

A will lets you appoint guardians for your children. Without one, the courts decide who assumes this critical role.

Coverage for Common-Law Partners and Stepchildren

Common-law partners and stepchildren have no automatic inheritance rights under intestacy laws. Only a will can ensure they’re included in your estate.

Tax and Probate Planning

Proper estate planning can reduce legal disputes, speed up the probate process, and minimize tax burdens, saving your family from unnecessary delays and expenses.

How to Create a Will in Ontario

A properly drafted, legally valid will is the foundation of a solid estate plan. Here are the steps:

Consult an Estate Lawyer: An estate lawyer can guide you through preparing a will that reflects your unique wishes. They can also assist with related documents like powers of attorney.
Tailor Your Plan: Your lawyer will help you address complex family situations, like supporting stepchildren or common-law partners.
Protect Your Assets: A well-prepared will minimizes disputes, reduces tax burdens, and ensures your wishes are honoured.

Final Thoughts

If you die without a will, Ontario’s intestacy laws dictate who inherits based on established family hierarchies. Unfortunately, this system can leave out loved ones, and it offers no flexibility for unique family situations. By creating a will, you take control of your estate, reduce unnecessary stress for your family, and ensure your legacy is handled the way you want.

Don’t leave your family guessing about your wishes. Contact Lamprey Law today to start building your personalized estate plan.