If you die without a valid will in Ontario, you don’t get to decide who inherits your property — the government does. This is called dying “intestate,” and it triggers a rigid set of rules under Ontario’s Succession Law Reform Act (SLRA) that dictate exactly who gets what, in what order, regardless of your actual wishes.
For many families, the results are surprising and, in some cases, deeply unfair. A common-law partner of 20 years can walk away with nothing. A blended family can end up in conflict over who counts as a “child.” Minor children’s inheritances can be frozen until they turn 18, leaving a surviving parent unable to access funds meant for their care.
This guide breaks down exactly how Ontario’s intestacy rules work, who inherits in different family situations, and why having a properly drafted will is one of the simplest ways to protect the people you love.
What Does “Dying Intestate” Actually Mean?
Dying intestate simply means dying without a legally valid will — either because no will was ever made, or because an existing will was found to be invalid (for example, due to improper execution or lack of capacity). When this happens, the SLRA supplies a default distribution scheme that applies automatically, regardless of what the deceased may have told family members verbally or intended informally.
The court will appoint an “Estate Trustee Without a Will” (often a spouse or close relative) to manage and distribute the estate according to these fixed rules — not according to personal discretion.
The Preferential Share: What a Married Spouse Receives First
Under the SLRA, a legally married spouse is entitled to a “preferential share” of $350,000 before anything else is distributed. This amount applies to deaths on or after March 1, 2021 (it was previously $200,000).
Here’s how it plays out depending on the size of the estate and family structure:
- Spouse only, no children: The spouse inherits the entire estate.
- Spouse and one child: The spouse receives the first $350,000, then splits the remaining balance 50/50 with the child.
- Spouse and two or more children: The spouse receives the first $350,000, then one-third of the remaining balance. The children split the remaining two-thirds equally among themselves.
- Estate worth less than $350,000: The spouse receives the entire estate; children receive nothing.
Example: If a person dies with a $610,000 estate, leaves a spouse, and two children, the spouse receives the $350,000 preferential share plus one-third of the remaining $260,000 (about $86,667), for a total of roughly $436,667. The two children split the remaining $173,333, receiving about $86,667 each.
Important exception: separated spouses
If you were separated from your spouse at the time of death — meaning you’d lived apart for at least three years due to a breakdown of the marriage, or had a signed separation agreement or court order — your spouse’s right to the preferential share is revoked under section 43.1 of the SLRA. Without a will, however, an estranged-but-not-legally-divorced spouse could still inherit, which is exactly the kind of unintended outcome a proper will prevents.
Common-Law Partners Inherit Nothing — Automatically
This is one of the most misunderstood and consequential aspects of Ontario intestacy law: common-law partners have zero automatic inheritance rights, no matter how long the relationship lasted or how intertwined the couple’s finances were. Only legally married spouses qualify for the preferential share and spousal distribution under the SLRA.
A common-law partner left out entirely may be able to pursue a claim against the estate (for example, through a dependant’s support claim or an equitable remedy), but this requires a costly, uncertain court application — not an automatic right. For unmarried couples, a will isn’t optional; it’s the only way to guarantee your partner is provided for.
What Happens to Minor Children’s Inheritances?
If minor children are entitled to a share of the estate, that money doesn’t go directly to a surviving parent to manage. Instead, it’s typically paid into court and held by the Accountant of the Superior Court of Justice until each child turns 18. Accessing those funds for a child’s day-to-day needs — school expenses, extracurriculars, medical costs — can require a formal court application. Without a will naming a guardian and setting out clear instructions for a trust, families can face real financial strain during an already difficult time.
What If There’s No Spouse and No Children?
When there’s no surviving spouse or children (“issue”), the SLRA works through a fixed hierarchy of relatives, sometimes called the “table of consanguinity”:
- Parents — if living, they inherit the estate equally (or entirely, if only one survives).
- Siblings — if no parents survive, siblings (and children of deceased siblings, by representation) divide the estate.
- Nieces and nephews — if no parents or siblings survive.
- Next of kin of equal degree — more distant relatives, determined by degree of kinship.
- The Crown — if no relatives can be located at all, the estate escheats to the Ontario government.
Notably, step-children who were never legally adopted inherit nothing under intestacy, even if they were raised by the deceased for their entire lives.
Why Dying Without a Will Costs More — In Every Sense
Beyond who inherits, intestacy creates practical headaches:
- Higher costs and delays: Estate administration without a will typically takes longer and costs more in legal and court fees than administering a properly drafted will.
- A mandatory bond: Courts often require the Estate Trustee to post a bond, sometimes valued at double the estate’s worth, adding further expense and delay.
- Business disruption: Business owners who die intestate risk having shares or partnership interests distributed to family members who have no interest in, or capacity to run, the business — potentially forcing a dissolution.
- Family conflict: Rigid statutory outcomes often clash with what families actually expect, creating disputes at an already emotionally difficult time.
How to Avoid These Outcomes
The solution is straightforward: work with a lawyer to create a properly drafted, legally valid will. A will lets you:
- Choose exactly who inherits your assets — including common-law partners, step-children, friends, or charities
- Name a guardian for minor children
- Set up trusts to control how and when children access their inheritance
- Appoint an Estate Trustee (executor) you trust
- Minimize delays, costs, and the risk of family disputes
If your circumstances have changed recently — marriage, separation, divorce, a new child, a new business, or a move to Ontario — it’s worth reviewing your existing will (or creating one) as soon as possible.
Speak With an Estate Planning Lawyer at Zaidi Legal Professional Corporation
Ontario’s intestacy rules rarely reflect what people actually want for their families. The good news is that avoiding them is entirely within your control. Zaidi Legal Professional Corporation helps individuals and families across Ontario create clear, comprehensive wills and estate plans tailored to their specific circumstances — married or common-law, blended families, business owners, and everything in between.
Contact Zaidi Legal Professional Corporation today to schedule a consultation and take the first step toward protecting your loved ones and your legacy.
Disclaimer: This article is provided for general informational and educational purposes only and does not constitute legal advice. Every estate and family situation is different, and the application of Ontario’s intestacy laws can vary based on individual circumstances. Nothing in this article should be relied upon as a substitute for advice from a qualified legal professional. Please contact Zaidi Legal Professional Corporation to discuss your specific situation before making any decisions regarding your estate.