Intestacy – What Happens If I Die Without a Will?

When a person dies intestate (without a Will) in Ontario, their assets are distributed according to the rules laid out in the Succession Law Reform Act (SLRA).

Who inherits?

A woman wearing a calfskin jacket, holds a red carnation, in mourning. Behind her green grass. She stand beside a person in a dark suit.
In general, when a person dies intestate, the closest relatives of the deceased are entitled to inherit the deceased’s assets.

If the deceased was legally married (and not separated), their spouse inherits the first $350,000.00. If the entire estate is worth $350,000.00 or less, the deceased’s spouse inherits the whole estate. If the estate is worth more, any amount over $350,000.00 is divided as follows:

  • If the deceased had a spouse and one child, the remainder is divided equally between the spouse and child.
  • If the deceased had a spouse and more than one child, the spouse inherits one-third (1/3) of the remainder of the estate and the remaining two-thirds (2/3) are shared equally between the children.

If a child who was entitled to a share of the estate predeceases their parent but is survived by issue (children, grandchildren, great-grandchildren, etc.), the deceased child’s share is divided equally between their surviving issue.

In cases where a person dies intestate and leaves no spouse, no children and no issue, their estate is distributed among their surviving parents. If the deceased had no living parents, then the estate is divided among the siblings of the deceased. If the deceased had no surviving siblings, the estate is divided among their nieces and nephews. If the deceased had no living nieces or nephews, the estate is distributed among the closest next of kin. Only in cases where the deceased had no next of kin does the estate become the property of the government.

Who takes care of the estate?

When a person dies intestate, someone will have to apply to the court to be appointed the estate’s legal representative, also called an estate trustee. Usually, it is a close relative of the deceased; however, if there is a dispute and multiple individuals apply to be appointed estate trustee, the matter is decided by the court. The litigation process will result in significant delay and higher costs.

Why is it beneficial to have a Will?

A Will is a powerful tool that allows the testator to control the distribution of their assets after death. A carefully drafted Will ensures that the wishes of the testator are carried out and the property they leave behind is divided according to their wishes, which may differ from the order of intestate succession as laid out in the SLRA. A professionally drafted Will reduces the time and expense involved in wrapping up the estate.

The lawyers at Malicki Sanchez are well equipped to assist you in the creation of an appropriate estate plan that will fit your objectives and ensure that your surviving loved ones are provided for.

By Victoria Melnyk