Intestate Succession (What happens to my estate if I die without a will?)

Posted on 25 November 2020 Back to News

Email Our Wills & Estates Lawyers

Updated November 2022 – What happens when a person dies without a valid Will?

When this occurs, the deceased is deemed to have died ‘intestate,’ and Ontario’s Succession Law Reform Act (“SLRA”) provides default rules for the distribution of their Estate. In short, the law determines what will happen to their belongings, regardless of what their intentions might have been while they were living. Furthermore, the deceased’s loved ones may be left in a state of uncertainty over who will be responsible for the administration of the Estate, and this can result in increased costs and unnecessary conflict.

To get a better idea of how an Estate Administration would unfold for someone who died without a Will, let’s look at a number of potential scenarios contemplated by the SLRA:

What Happens if… Then…
  • A person dies leaving a spouse with no issue (descendants)?
Their spouse will be entitled to recieve the deceased’s property absolutely (SLRA, s. 44)
  • A person dies leaving a spouse and issue?
Their spouse will inherit a ‘preferential share’ of the Estate, currently set at $350,000.* The spouse will then share the balance of the Estate, assuming there is anything remaining, with the deceased’s issue in equal parts (SLRA, s. 45)
  • A person dies without a spouse or issue?
The deceased’s estate will be divided in priority amongst their next of kin as follows:

  1. the parent(s) of the deceased in equal shares;
  2. the sibling(s) of the deceased in equal shares;
  3. the nephew(s) and niece(s) of the deceased in equal shares;
  4. the next of kin of equal degree of consanguinity

If the deceased person has no next of kin, their estate will become the property of the Crown (SLRA, s. 47)

*Please note that the ‘preferential share’ of $350,000 is the entitlement of a legally married spouse. In Ontario, the SLRA’s definition of ‘spouse’ does NOT extend to common-law spouses. If you have a common-law spouse, or if you are otherwise not content with the rules for intestate succession outlined above, making a Will allows you to take control of your affairs and ensures that your Estate is distributed in accordance with your wishes. Contact any one of our Wills & Estates lawyers for assistance.

*The content of this article is intended for general information purposes only and does not constitute legal advice or an opinion of any kind.  For information or legal advice on your individual circumstances, please contact Our Wills & Estates Law Team.

Go Back

"Expedient, personal, and pleasant to deal with"

"Good service, easy to work with"

"Extremely happy with the service provided"

"Your service was excellent and very efficient"

"Top notch service. No improvement necessary"

"Good service, friendly approach"

"They’re efficient and do a great job"

NEWS AND ARTICLES

See what we have been up to

What is Title Insurance? (What you need to know)

  A title insurance policy is a policy of indemnity that insures against loss or damage arising from title defects or other covered risks which may include survey issues, encroachments, ......

Read Now

Real Estate Basics: Who Does What?

  When selling or purchasing a property, one often deals with several professionals to assist with the transaction. This can leave one unsure over each professional’s role in the transaction. ......

Read Now

Reverse Mortgages

  There is much hype in relation to reverse mortgages, also known as CHIP (Canadian Home Income Plan)  mortgages, these days given the aging population and the low interest rate. ......

Read Now

Real Estate Basics: HST and Real Estate (All You Need to Know)

    If you are buying or selling real estate, knowing whether HST is payable (or collectible) is an essential component of the transaction. This is determined by the type ......

Read Now

Mortgage Remedies (A Lender’s Perspective)

  A “mortgage” or “charge” is a conveyance of land as security for the payment of a debt. So long as the Borrower performs all of his or her obligations ......

Read Now

Joint Tenants vs Tenants in Common (What’s the difference?)

  Purchasing a property is one of the most important decisions people make throughout their lifetime. As is often the case, when two (or more) people are buying a property ......

Read Now

Joint Ownership With Right of Survivorship (Watch out!)

  It is very common for individuals, as part of their estate plan, to place property such as bank accounts, investment certificates and homes on joint account or joint tenancy ......

Read Now

Scroll to top