Ehinlaiye Law Professional Corporation

What happens if you die without a will in Ontario?

Dying without a will is called dying “intestate”. When that happens, Ontario’s Succession Law Reform Act decides who inherits your estate, not you.

Who inherits

If you’re married, your spouse receives a set first share of your estate, and anything left over is divided between your spouse and your children. If you have no spouse or children, the estate passes to other relatives in a fixed order.

Common-law partners are left out

Under the intestacy rules, a common-law partner doesn’t automatically inherit, no matter how long you’ve lived together. They may have to go to court to make a claim.

No one is named to manage your estate

Without a will, a family member must apply to court to be appointed as estate trustee. That adds time, cost and stress for your family.

The good news: a will is one of the simplest ways to protect the people you love, and your first half-hour consultation with us is free.

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