Intestate Succession

Author: Sarah Nadon - Law Student
Edited By: Ryan Carson

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A Will is a formal legal document that describes how one wants their assets to be distributed after their death. Without a Will, one dies in intestate, meaning that there are no instructions on how to deal with their estate. In cases where individuals die in intestate, the Ontario Succession Law Reform Act governs how the assets are distributed to surviving relatives.

How will property be distributed if I don’t have a Will?
According to the Act, it will be distributed as follows:

  • If a spouse but no child:
    The spouse is entitled to all assets.

  • If a spouse and child and the assets are not worth more than the preferential share ($200,000.00):
    The spouse is entitled to all assets.

  • If a spouse and child and the assets are worth more than the preferential shares ($200,000.00):
    The spouse is entitled to $200,000.00 worth of assets. Anything that is leftover it is split equally between the spouse and the child.

  • If a spouse and multiple children:
    The spouse is entitled to the preferential share and 1/3 of the residual. The remaining 2/3’s of the assets is split between the children. 

  • If no spouse but children:
    The assets will be split among children equally. If one child has passed away but leaves their child behind, the child will inherit the assets.

  • If no spouse or children:
    The assets will go to the deceased’s parents, split equally. If only one parent is remaining, all assets go to the survivor.

  • If no spouse, children or parents:
    The assets will go to any siblings of the deceased. If any siblings are deceased but leave their children, the share is split between those children equally.

  • If no spouse, children, parents or siblings:
    The assets will go to nephews and nieces equally. If a nephew or niece is deceased, the assets do not go to their children. The inheritance stops. 

  • If none of the above is available:
    If none of the above family is available, the assets will be distributed amongst the next of kin equally. The individual with the closest degree will inherit all the assets; if there is a tie, the assets will be split evenly.

  • If there is no spouse, children, parents, siblings or next of kin:
    All assets vest to the Crown, this is the only time in which the government gets your estate.

Dying without a will can be problematic as you aren’t able to communicate your final wishes to your loved ones. Should you wish to make or redo your current will, please feel free to contact us at Carson Law for help.

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