What Happens if You Die Without Will in Ontario?

Thinking about what happens after you’re gone isn’t easy, but it’s important. If you die without a will in Ontario, your estate won’t be distributed according to your wishes. Instead, provincial law dictates what happens to your assets and belongings. This can lead to confusion, delays, and even family disputes. In this blog, we will explain why having a will is one of the smartest moves you can make.

 

What Does Dying Without Will Mean?

Dying without a valid will is called dying “intestate.” It means there is no legal document specifying how your assets should be divided or who should manage your estate. In Ontario, the Succession Law Reform Act provides a default plan for distributing your property, but it might not match your wishes or family situation.

How Does Ontario’s Intestacy Law Work?

If you die intestate in Ontario, your estate is divided according to a set hierarchy:

• Spouse but no children: Your spouse inherits everything.

• Spouse and children: Your spouse receives the first $350,000 plus half of the remaining estate; the rest is split equally among your children.

• Children but no spouse: Your children inherit everything equally.

• No spouse or children: The estate goes to your closest relatives, like parents or siblings.

• No relatives: The estate passes to the Ontario government.

* It is important to note that common-law partners do not automatically inherit anything unless you have a will.

Who Manages Your Estate?

Without a will, there is not a named executor. Someone must apply to the court to become the estate trustee (formerly called the executor). This person will:

• Collect and value your assets

• Pay debts and taxes

• Distribute the remaining assets according to intestacy rules

This process can be lengthy, costly, and stressful, especially if family members disagree on who should manage the estate.

The Risks of Dying Intestate

Dying without a will can cause avoidable problems such as:

• Family disputes: Without clear instructions, conflicts over inheritance often arise.

• Delays: Estate administration can drag on for months or even years.

• No guardianship control: If you have children under the age of 18, the court decides who cares for them.

• Exclusion of loved ones: You can’t leave gifts to friends, charities, or common-law partners without a will.

Why Having a Will Matters

Because a will allows you to name a trusted executor, specify guardians for minor children, and leave gifts and charitable donations to non-family members, you can:

• Ensure assets go where you want

• Feel confident that your loved ones will be cared for

• Help prevent family conflict

• Know that your estate will be handled efficiently and according to your wishes

Final Thoughts

Dying without a will can create unnecessary stress and complications for your loved ones. Protect your family’s future by preparing a clear, legally valid will that reflects your wishes. At Picov & Kleinberg Law, our experienced estate lawyers are here to guide you through every step of the process, ensuring your will is comprehensive and legally sound. Don’t leave your legacy to chance: contact Picov & Kleinberg Law in Toronto today to get started on securing your peace of mind.