What happens if you die without a will?

Intestacy: the law writes your will for you

Dying without a valid will is called dying intestate. Each province and territory has its own intestacy rules. In most of them, as the Government of Canada explains, your nearest relatives share your estate according to a set formula, and sometimes a government agency becomes involved to make sure the estate is dealt with properly.

Who inherits

The formulas differ, but they generally follow family relationships: usually your spouse, then your children, then more distant relatives such as parents, siblings, nieces and nephews. If no relative can be found, the estate may go to the province.

Two consequences surprise many people:

• A spouse may not receive everything. In some provinces, a surviving spouse receives a first share of the estate and then splits the rest with the children. In Ontario, for example, the spouse's first share is $350,000 for deaths after March 1, 2021, with the rest shared with any children.
• Partners may be treated differently. Whether a common-law partner inherits without a will depends on the province. In Ontario, a separated spouse may also be excluded since January 1, 2022, in certain circumstances.

Friends, stepchildren you never adopted, and charities usually receive nothing under intestacy rules, however close they were to you.

Who manages the estate

Without a will, there's no executor. Someone, usually a close family member, must apply to court to be appointed as the estate's administrator, which can take longer and cost more than probating a will, and may require a bond. If family members disagree about who should act, the delay grows.

What happens to children

Without a will, you haven't named a guardian for minor children, so if both parents die, a court decides who will care for them. Children's inheritances may also have to be managed under court supervision until they reach the age of majority, when they typically receive their share outright, whether or not they're ready.

How to avoid it

A will lets you choose who inherits, who manages your estate, who cares for your children, and when young beneficiaries receive their money. It doesn't need to be complicated: many people can make a valid will online in under an hour. See our guide to how to make a will in Canada.