WILLS & ESTATES

Intestacy Rules: Who Gets the MoneyIf I Die Without a Will?

Understanding the 'Succession Law Reform Act' and why the government writes a Will for you if you don't.

January 28, 2026

6 Min Read

By Deepa Tailor

Expert Legal Review

This article was medically and legally reviewed by Deepa Tailor, Senior Family Lawyer, to ensure compliance with the latest Ontario 'Succession Law Reform Act' amendments (2025).

Too Busy to Read? The 30-Second Answer

The Definition

Dying without a Will is called dying "Intestate."

The Rule

Your assets are distributed according to a strict government formula. You have zero say in who gets what.

The Preferential Share

As of recent amendments, a legally married spouse is entitled to the first $350,000 of the estate value off the top.

The Common Law Warning

Common Law spouses have NO automatic rights to inheritance under Ontario Intestacy rules, regardless of how long you lived together.

The Ladder: Order of Distribution in Ontario

Ontario's Succession Law Reform Act follows a strict hierarchy to determine who inherits your assets when you die without a Will.

Spouse Only (No Children)

Your legally married spouse receives 100% of the estate.

Simple and straightforward - everything goes to your surviving spouse.

Spouse + Children

The Spouse gets the first $350,000 (Preferential Share). The remainder is split between the spouse and children (50/50 if one child; 1/3 spouse and 2/3 children if multiple kids).

Complex calculations ensure both spouse and children are provided for.

Children Only (No Spouse)

The children divide the entire estate equally. If a child has predeceased you, their share goes to their children (your grandchildren).

Per stirpes distribution ensures fair treatment across generations.

No Spouse, No Children

The order of inheritance is: Parents → Siblings → Nieces/Nephews → Next of Kin. If no kin is found, the property escheats to the Crown (Government).

Complex family tree analysis required to determine rightful heirs.

The Decision Tree: Who Inherits First?

START

Person dies without a Will

1st

Married Spouse?

2nd

Children?

3rd

Parents?

4th

Siblings?

The 'Common Law' Danger Zone

One of the most dangerous misconceptions about Ontario inheritance law involves common-law relationships.

The Myth

"We lived together for 20 years, so I automatically inherit his assets just like a wife."

Many couples believe long-term cohabitation creates automatic inheritance rights

This misconception leads to devastating financial consequences for surviving partners

Time lived together is irrelevant under Ontario law

The Legal Reality

FALSE

Under Ontario's Succession Law Reform Act, 'Spouse' only refers to married couples.

A Common Law partner inherits $0 under Intestacy rules

They must sue the estate for 'Dependent Support' or 'Unjust Enrichment' to get anything

Legal battles are expensive, time-consuming, and never guaranteed

Critical Legal Distinction

The only way for common-law partners to inherit automatically is through a valid Will or joint ownership of assets. Intestacy rules completely exclude them from inheritance, regardless of the relationship's duration or depth.

Don't leave your partner's financial security to chance or expensive litigation.

Who is in Charge? Appointing the Estate Trustee

Since there is no Will naming an Executor, someone must apply to the court to be appointed 'Estate Trustee Without a Will'.

The Priority List: Who Can Apply?

The Married Spouse or Common Law Partner

First priority goes to the legally married spouse. Common law partners can also apply but have no automatic inheritance rights.

Adult Children

If no spouse exists or the spouse declines, adult children of the deceased can apply to be Estate Trustee.

Parents

The deceased's parents can apply if no spouse or children are available or willing to act.

Siblings

Brothers and sisters of the deceased are next in line if no other family members can or will act.

Important Cost Warning

This process often requires posting an 'Administration Bond' (insurance) to protect the estate, which can be expensive and adds additional delays to an already complex process.

Time Delays

Court applications can take months

Bond Costs

Insurance premiums based on estate value

Legal Fees

Court applications require legal representation

Related Resources

Expand your understanding of Ontario estate law with these comprehensive legal guides.

Wills & Estates

The 'Death Tax' Calculator: Understanding Estate Administration Tax

Calculate Ontario's Estate Administration Tax and understand the costs your estate will face.

Wills & Estates

Guardianship Applications: When Power of Attorney is Missing

Learn about guardianship applications when someone becomes incapacitated without proper planning.

Common Law

Navigating Common Law Relationships

Understand your rights and protections in common-law relationships under Ontario law.

Explore our completeKnowledge Hub

Don't Leave Your Legacy to a Formula

Intestacy creates delays, costs, and family fights. Drafting a Will is the only way to ensure your wishes are honored.

6-18 Months

Average time to resolve intestate estates

$15,000+

Average additional legal costs

40%

Of families experience disputes

Book Your Estate Planning Consultation

Free Initial Consultation

Same-Day Response

Available 7 Days/Week

Deepa Tailor, Senior Family Lawyer

Founder of Tailor Law & Estate Planning Specialist

Deepa Tailor is the founder of Tailor Law and a Senior Family Lawyer specializing in Estate Litigation and Family Dispute Resolution. With over a decade of experience navigating Ontario's complex succession laws, Deepa helps families understand the critical importance of proper estate planning and avoid the costly pitfalls of intestacy.

She regularly assists families dealing with the complexities of Intestacy and Estate Administration, providing strategic guidance to protect family assets and minimize disputes. Deepa's expertise in the Succession Law Reform Act makes her a trusted advisor for families seeking to understand their rights and obligations under Ontario law.

LLB, Law Society of OntarioEstate Planning CertifiedFamily Mediation Trained

View Full Bio