If you die without a valid will, you die intestate. Ontario's Succession Law Reform Act then determines who receives your estate according to a fixed formula based on your family structure. Your spouse (if legally married) and children take priority. Common-law partners receive nothing under the intestacy rules regardless of how long the relationship lasted. Stepchildren receive nothing. Close friends receive nothing. The person you've lived with for 20 years and relied on completely may be entirely excluded.
Without a will, you cannot name the person who administers your estate — someone must apply to court to be appointed estate trustee. If you have minor children, you cannot nominate a guardian for them in your will. You cannot leave specific items to specific people, make charitable gifts, or create trusts for beneficiaries who may need protection (such as a child with a disability or a beneficiary with addiction issues).
People often say "I don't have much" as a reason not to make a will. But even a modest estate — a bank account, a car, some personal property, an RRSP — has a distribution question attached to it. And the distribution question the law answers may not be the one you would have chosen.
In Ontario, a common-law partner has no right to inherit under the intestacy rules. If you and your partner are not married, and one of you dies without a will, the surviving partner receives nothing automatically — the estate goes to blood relatives. A will is not a nice-to-have for common-law couples. It is essential.
A will does not stand alone. It works alongside your powers of attorney, your beneficiary designations on RRSPs, TFSAs, and life insurance, and any trusts you've created. A complete estate plan addresses all of these together.
This is a general overview. For advice specific to your situation, contact Sheard Law at 416-860-9990 or use our intake form.
