What Can Happen If You Die Without a Will in Ontario?

In Ontario, dying without a Will can cause numerous complications, which can lead to litigation and be costly to your estate and, in turn, your family and intended heirs.

Some of the main issues that can arise when you die without a Will in Ontario are, but are not limited to the following:

You Don’t Choose Your Own Heirs

The Succession Law Reform Act lays out a strict formula:

• If you’re married with no children: your spouse may inherit everything.

• If you’re married with children: your spouse gets the first $350,000, and the rest is divided between your spouse and your children.

• If you have children but no spouse: your children inherit everything, equally.

• If you have no spouse or children: your parents, siblings, nieces/nephews, or even distant relatives may inherit, not necessarily the people you’re closest to.

This can be devastating for blended families, common-law partners, or your relatives.

Your Spouse or Partner Might Not Receive Everything

If you’re in a common-law relationship, your partner has no automatic right to inherit anything, unless they are specifically named in a Will. They may be forced to go to court to make a claim, a stressful and costly process.

Even legally married spouses might not receive all your assets if children are involved. This can create financial hardship and emotional conflict.

Stepchildren and Non-Biological Family May Be Left Out

Under Ontario’s intestacy laws, stepchildren and foster children do not inherit anything automatically, even if you helped raise them. Only biological or legally adopted children have rights under the Succession Law Reform Act.

The Court Decides Who Administers Your Estate

 Without a Will, the court chooses an estate trustee to manage your affairs. This could be someone you wouldn’t have chosen. They must apply for a Certificate of Appointment of Estate Trustee Without a Will, which adds delays, legal fees, and stress to your family during an already painful time.

Family Conflict Is More Likely

Without clear instructions, disputes over money, property, and responsibilities often arise. This can lead to permanent rifts, contested court applications, and unnecessary litigation.

Contact us today to discuss your Wills and Estates issues with a paid online consultation. We can be reached at www.bprlitigation.com or by email at justin@bprlitigation.com. We would be happy to arrange a consultation to assist you further and address your specific needs.