What happens if you die without a will in Canada?

Dying without a will is called dying "intestate." When this happens, your province''s intestacy legislation determines who receives your estate — not you. Rules vary by province but typically follow this hierarchy: (1) Spouse/common-law partner: receives a preferential share (e.g., in Ontario, the first $350,000 goes entirely to spouse); (2) Children: if the estate exceeds the spouse''s preferential share, the remainder is split between the spouse and children in set proportions that may not reflect your wishes; (3) If no spouse or children: parents, then siblings, then other relatives in descending order. Critical gaps: common-law partners are NOT automatically entitled to an intestate share in most provinces (Ontario, BC, PEI, PEI, New Brunswick — no intestate rights for common-law partners without a will). Step-children and non-biological children are also typically excluded unless formally adopted. Gifts to friends, charities, or specific family members you wished to receive something receive nothing under intestacy.

What happens to my minor children if I die without a will?

Without a will, you have not named a guardian for your minor children. What happens: (1) A court must appoint a guardian — this is costly, time-consuming, and may not result in who you would have chosen. (2) Family members may dispute who should be guardian, leading to prolonged and expensive court proceedings. (3) Courts consider "the best interests of the child" but cannot read your mind about who you trusted. (4) Children''s share of the estate goes to the Office of the Public Guardian and Trustee (or provincial equivalent) until the child turns 18 — at which age they receive the full inheritance as a lump sum, with no ability to pace the inheritance. In your will: you can name a guardian for your children; specify conditions on when and how their inheritance is distributed (typically specifying a trust to age 25 or in stages); and name a separate trustee to manage the funds if the guardian is not the best money manager.

What does an executor actually do?

Your executor (called "liquidator" in Quebec) is the person responsible for administering your estate after death. Their duties include: (1) Locating and filing the will for probate (where required); (2) Notifying banks, government agencies (CRA, CPP, OAS), and financial institutions; (3) Gathering and valuing all assets; (4) Filing the terminal tax return (and potentially a rights or things return); (5) Paying all debts and taxes owed; (6) Distributing the remaining estate to beneficiaries per the will; (7) Managing any trusts established for minor beneficiaries or dependants. The executor is entitled to "compensation" (typically 2.5–5% of the estate value in Ontario) unless they waive this. Choose someone trustworthy, organized, and ideally in close geographic proximity. Consider naming an alternate executor in case your primary executor cannot act.

What does a will cost in Canada?

Will costs in Canada vary by complexity and provider: Simple individual will (lawyer/notary): $300–$500. Mirror wills for a couple: $600–$1,000. Will with testamentary trust (for minor children or disabled dependants): $800–$2,000. Complex estate with multiple trusts, business interests, or multiple properties: $2,000–$5,000+. Online will platforms (Willful, Epilogue, CPAC): $99–$200 for simple wills. Notary (Quebec, BC): $150–$600. Holograph (handwritten) will: free, but risky. The cost of NOT having a will typically far exceeds these amounts: court-appointed guardianship proceedings: $5,000–$20,000; estate litigation when wishes unclear: $20,000–$100,000+; probate delays on a contested estate: months to years; possible loss of assets to unintended beneficiaries. Free legal will day: The Canadian Bar Association sponsors "Free Wills Day" events periodically in some provinces.

What is a digital estate and should my will address it?

Your digital estate includes: online banking and investment accounts; cryptocurrency and digital wallets; social media accounts (Facebook, Instagram, LinkedIn); email accounts; digital collections (iTunes, Steam, ebooks); subscription services; domain names and websites; reward programs (points, miles). Without instructions: platforms may permanently delete accounts after a period of inactivity; crypto in a wallet without private key access may be permanently lost; businesses accounts may lapse. Best practices: keep a sealed document (or use a password manager like 1Password or Bitwarden) with login credentials, stored where your executor can find it; include a digital asset clause in your will naming a digital executor if desired; for cryptocurrency, document wallet addresses and seed phrases in a secure location separate from the will itself (the will becomes public after probate). Facebook and Google both have "legacy contact" or "inactive account manager" settings that allow you to designate what happens to your account.

Why You Need a Will in Canada: What Happens If You Die Without One

Q: Can I write my own will in Canada?

A handwritten holograph will is legally valid in most Canadian provinces (exception: PEI does not recognize holograph wills). Requirements for a valid holograph will: the entire document must be in your own handwriting (not typed); it must be signed; it must be dated. Despite being legal, holograph wills have significant risks: ambiguous language leads to estate litigation; missing standard clauses can create complications (no executor named, no residue clause, trust provisions absent); the courts must determine validity. Most estate lawyers recommend a formal will witnessed by two adults (non-beneficiaries) even for simple estates. Cost of a simple will from a lawyer or notary: $300–$800. For a couple: $600–$1,200 for mirror wills. Online will platforms (Willful, Epilogue): $99–$200 for simple wills. The cost of a will is trivially small compared to the cost of dying intestate.

Q: How often should I update my will?

Review and potentially update your will after every major life event: Marriage (invalidates a prior will in many provinces — Ontario: marriage revokes a prior will automatically); Divorce/separation (revokes gifts and executor appointment to former spouse in most provinces); Birth or adoption of a child; Death of a named executor, beneficiary, or guardian; Significant change in assets (house purchase, inheritance, business interest); Moving provinces (your will should comply with the laws of your province of residence); Change in wishes for charitable giving or specific bequests. At minimum: review your will every 3–5 years even without a major life event. Changes can be made by a formal codicil (amendment document) or by drafting a new will entirely. Keep only the most recent will and clearly revoke prior versions in the new document.

A will is the most important financial document most Canadians never create. An estimated 60% of Canadian adults have no will at all.

The cost of dying without a will

Scenario	Without a will	With a will
Common-law partner of 10 years	Gets nothing in most provinces	Gets what you intended
Minor children (guardian)	Court appoints guardian	You chose the guardian
Minor children (inheritance)	Lump sum at 18, no trust	Staged inheritance, protection
Specific bequest to friend/charity	Impossible	Executed per your wishes
Family dispute over distribution	Common, expensive litigation	Will governs; far fewer disputes
Estate administration	Slower, more expensive	Faster; executor has authority

Intestacy rules at a glance (if you die without a will)

Province	Spouse’s share	Common-law partner’s intestate rights
Ontario	First $350K + ½ of remainder	None (use will or cohabitation agreement)
BC	First $300K + ½ of remainder	Spouse rights after 2+ years cohabitation
Alberta	First $150K + ½ of remainder	None (SDA rights separate from intestacy)
Quebec	None — governed by Civil Code	None
Manitoba	First $50K + ½ of remainder	None
Saskatchewan	First $100K + ½ of remainder	None

Rules change. Verify current provincial intestacy legislation for your province.

What a complete will should address

Executor appointment — primary and alternate
Guardian for minor children — and alternate
Specific bequests — named gifts to individuals or charities
Residue clause — who gets everything after specific gifts and debts
Testamentary trust — if you have minor children, disabled dependants, or wish to stage an inheritance
Burial/cremation wishes — not legally binding but helps family
Digital estate clause — authorization for executor to access digital accounts
Revocation clause — formally revokes all prior wills

Will creation options in Canada

Option	Cost	Best for
Willful (online)	$99–$199	Simple estates, no dependants with special needs
Epilogue (online)	$119–$199	Simple estates, couples
Notary (Quebec, BC)	$150–$600	BC/QC residents (notarial will is self-proving)
Estate lawyer (wills specialist)	$300–$2,000+	Business interests, trusts, complex assets
Holograph (handwritten)	Free (DIY)	Emergency, legal in most provinces but risky

What a will should cover

A well-drafted Canadian will typically addresses six areas:

Section	What it covers
Executor appointment	Who administers the estate and follows the will’s instructions
Beneficiaries	Who receives what — specific bequests, residue, percentages
Guardian for minor children	Who raises your children if both parents die
Testamentary trusts	Holding assets for minor or disabled beneficiaries
Funeral and burial wishes	Cremation, burial, organ donation preferences
Digital assets	Online accounts, cryptocurrency, social media

What happens without a will (intestate succession by province)

If you die without a will, each province has its own intestacy rules:

Province	Spouse gets	Children get
Ontario	First $350,000 + half of remainder	Half of remainder split equally
BC	First $300,000 + half of remainder	Half of remainder split equally
Alberta	First $150,000 + half of remainder (one child) or $150,000 + one-third (multiple)	Remainder
Quebec	Half of family patrimony + half of remainder	Half of remainder

Common-law partners receive nothing under intestacy in most provinces — only legally married spouses have rights. If you are in a common-law relationship without a will, your partner could receive nothing.

How to make your will legally valid in Canada

For a formal will to be valid:

You must be 18+ (or married, or in the armed forces — exceptions vary by province)
You must be of sound mind at the time of signing
It must be signed in front of two witnesses (who are not beneficiaries or their spouses)
Witnesses must also sign in your presence

A holograph will (entirely handwritten and signed by you) does not need witnesses and is valid in most Canadian provinces — but it is risky because handwritten documents are easily contested and ambiguous.

Frequently asked questions

How often should I update my will? Review your will after any major life event: marriage, divorce, birth of a child, death of a beneficiary, significant change in assets, or moving to a different province. As a general rule, review it every 3–5 years even without major changes. Marriage automatically revokes a will in most provinces; divorce does not — an ex-spouse named in a will may still inherit.

Can I write my own will in Canada? Yes. A holograph will (entirely handwritten in your own hand and signed) is legally valid in Ontario, Alberta, BC, and most other provinces. However, DIY wills are more frequently challenged, may miss important provisions (like a guardian clause or trust for minor children), and can create expensive probate complications. An online service or estate lawyer is recommended for any estate over $50,000.

Does a will avoid probate in Canada? No. A will must typically go through probate — a court process to confirm its validity. Probate fees range from 0% (Quebec, Alberta for estates under $150,000) to ~1.5% (Ontario) of the estate’s value. Some assets — like RRSP/TFSA accounts with named beneficiaries and jointly owned property — pass outside the will and avoid probate entirely.