What Happens If You Die Without a Will in Ontario, Canada?

What Happens If You Die Without a Will in Ontario, Canada?

Losing a loved one is never easy, and dealing with the aftermath can be overwhelming, especially if they passed away without leaving a Will. In legal terms, dying without a Will means dying "intestate," which essentially means that there are no instructions in place regarding how the deceased's property should be divided and distributed.

So, what happens in such circumstances? The Ontario Succession Law Reform Act steps in to govern how the property will be distributed among the surviving relatives. However, even if you're okay with your property being divided according to provincial law, having a Will in place is crucial. Not only does it ensure your wishes are carried out, but it also helps reduce delays and expenses in wrapping up your affairs.

Here's a breakdown of how property is distributed if you die without a Will in Ontario:

1. If you have a spouse but no children: Your spouse inherits everything. However, this applies only to legally married spouses. Common-law spouses don't automatically receive anything without a Will.

2. If you have a spouse and children: Your spouse first takes a preferential share, followed by the division of the remaining assets between your spouse and children.

3. If you have children but no spouse: Your children inherit an equal portion of your estate.

4. If you have no spouse or children: Your parents inherit your entire estate.

5. If you have no spouse, children, or parents: Your estate goes to your brothers and sisters or their children if any siblings have passed away.

6. If you also have no brothers and sisters: Your nieces and nephews inherit your estate.

7. If you have no living nieces and nephews: Other next of kin inherit your estate equally.

8. If you have no living next of kin: Your estate goes to the Ontario government.

While the law provides guidelines for property distribution, dying without a Will can create significant problems for your loved ones. It can lead to disagreements among family members and result in extra time delays and expenses in settling your affairs.

To avoid these issues and ensure your wishes are carried out smoothly, it's essential to have a Will in place.

If you need help drafting a Will or navigating an estate dispute, & you don't know where to turn, don't hesitate to contact a Certified Executor Advisor (CEA) like Desiree King from King's Downsizing and Estate Services. A CEA can guide you away from potential problems and toward the professionals you need.