If someone dies without a valid will, they die intestate. Ontario's Succession Law Reform Act then dictates who receives their estate, in what shares, and in what order. There is no discretion and no consideration of what the deceased might have wanted. This article provides a quick overview. Click here to get our full briefing on intestacy.
If the deceased leaves a married spouse and no children: the spouse inherits the entire estate. If the deceased leaves a married spouse and children: the spouse receives the first $350,000 (the "preferential share"), plus a share of the remainder. The children divide the rest. If there is no surviving spouse: children share equally. If there are no children: parents, siblings, and more distant relatives take in order of priority under the statutory scheme.
Common-law partners: Regardless of how long the relationship lasted, a common-law partner receives nothing under the intestacy rules. The estate passes to blood relatives instead — potentially to estranged family members the deceased had no relationship with.
Stepchildren: A deceased stepparent's estate passes to biological and legally adopted children, not to stepchildren unless specifically provided for in a will.
Close friends, long-term caregivers, and others: People outside the statutory categories receive nothing, regardless of their relationship with the deceased.
This article is designed to provide some basic info at a glance. Click here for our full briefing on excluded family members in intestate estates.
Blended families and common-law relationships are particularly vulnerable. A person who dies intestate after a 15-year common-law relationship may have their estate pass entirely to adult children from a previous marriage — leaving the surviving partner with nothing and no legal remedy beyond a potential dependant support claim.
Without a will, no estate trustee is named — someone must apply to court to be appointed administrator. No guardian can be nominated for minor children. No trusts can be created for vulnerable beneficiaries. No specific gifts can be made. The entire distribution is determined by the statute.
For more detail on how intestacy affects specific family types — particularly common-law couples and blended families — see our briefing on where intestacy fails.
This is a general overview. For advice specific to your situation, contact Sheard Law at 416-860-9990 or use our intake form.
