What Happens If I Die Without a Will in Ontario?
- Fernando D. Martins
- Nov 4
- 3 min read
Many people put off writing a Will, thinking they have plenty of time or that their affairs are simple enough not to need one. However, dying without a Will - known as dying intestate -can create confusion, delay and unintended consequences for the people you leave behind.
Here is what actually happens if you die without a Will in Ontario and why having one can make a major difference.
Who Decides What Happens to My Estate?
If you die without a Will in Ontario, the Succession Law Reform Act (SLRA) determines how your assets are divided. The law sets out a strict formula for who inherits your property and you have no say in who receives what.
There is no flexibility or consideration for personal wishes, long-term partners (if not married) or estranged family members.
Who Inherits If There’s No Will?
Here is how your estate is distributed under Ontario’s intestacy rules:
➤ If you are married and have no children:
Your spouse inherits everything.
➤ If you are married with children:
Your spouse gets a preferential share (currently $350,000 as of March 2021), and the rest is split:
One child: the remainder is split 50/50 between your spouse and the child.
More than one child: your spouse gets one-third, and the remaining two-thirds are divided equally among your children.
🔸 Important: "Spouse" means legally married. Common-law partners do not automatically inherit anything unless they are specifically named in a Will.
➤ If you are not married and have children:
Your children share your estate equally.
➤ If you have no spouse or children:
The estate goes to:
Your parents (equally, if both are alive)
If no parents, then your siblings
If no siblings, then your nieces and nephews
And so on, through increasingly distant relatives
➤ If no living relatives can be found:
Your estate goes to the Government of Ontario (via escheat to the Crown).
Who Manages My Estate Without a Will?
When there is no Will, there is no named executor—the person responsible for collecting your assets, paying debts, filing taxes, and distributing your estate.
Instead, someone (usually a family member) must apply to the court to be appointed as an estate trustee without a Will. This process:
Can take weeks or months
Involves extra paperwork and legal fees
May lead to family disputes if there is disagreement over who should apply
What If I Have Minor Children?
If you die without a Will and have children under 18, a judge will decide who becomes their guardian, based on what's in the "best interests of the child." Without a Will, you lose the opportunity to name a guardian you trust.
Are There Tax or Legal Implications?
Yes. Dying intestate can:
Increase legal and court costs
Delay distribution of your estate
Result in less tax planning flexibility
Cause unintended beneficiaries to receive a share of your estate
Avoid the Stress — Make a Will
Having a valid Will in Ontario means:
You control who inherits
You choose your executor
You can name a guardian for your children
You reduce stress, cost, and conflict for your loved ones
Final Thoughts
Dying without a Will may mean your property goes to someone you did not intend while someone you cared about receives nothing. It can also leave your family in a difficult legal and emotional situation during an already hard time.
Creating a Will is one of the simplest ways to take control of your future, protect your family, and leave your affairs in order.
Ready to take the next step?
Martins Law Firm is here to help you create a Will and Powers of Attorney that reflect your wishes and protect your family. Whether you are planning ahead or managing urgent decisions, we're here to help you protect what matters most.
Planning for the future gives you peace of mind today.
Let Martins Law Firm help you secure your legacy today.
This article is intended for informational purposes only and does not constitute legal advice. For assistance with your specific legal situation, please contact our office 416-536-5488.
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