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What Happens If You Die Without a Will in Canada: Intestacy Rules by Province

Updated

When someone dies without a valid will, they die “intestate”, and their province’s intestacy law decides who inherits, in a fixed order that takes no account of what they would have wanted. A court appoints an administrator to settle the estate, and no one has been chosen as guardian for minor children. This page explains how those rules work, province by province. It is part of our estate planning guide; the steps to make a will are in how to make a will in Canada, and what each route costs in how much a will costs.

What dying without a will changes

SituationWithout a willWith a will
A common-law partnerInherits nothing in some provincesReceives what you leave them
A guardian for minor childrenNo one has been named; a court decidesThe person you named is the starting point
A child’s inheritanceHeld for the child under provincial rules, then paid out at the age of majorityCan be held in trust to an age you choose
Gifts to friends or charitiesNot possibleMade as you directed
Who settles the estateAn administrator appointed by the court, who may need to post a bondThe executor you named

Intestacy rules by province

Each province sets a “preferential share” (a first amount) for the surviving spouse when there are children, then splits the rest.

ProvinceSpouse and childrenCommon-law partners
OntarioThe spouse takes everything up to a preferential share of $350,000 (for deaths on or after March 1, 2021); of the rest, the spouse receives one-half with one child, or one-third with more than one child“Spouse” for intestacy means a married spouse, so a common-law partner inherits nothing
British ColumbiaA preferential share of $300,000 if all the children are also the spouse’s, or $150,000 if not; then one-half of the rest to the spouseIncluded as a spouse after living in a marriage-like relationship for at least two years
AlbertaThe whole estate goes to the spouse or adult interdependent partner if all the children are also theirs; otherwise the greater of a prescribed amount or half of the estate, with the rest to the childrenAdult interdependent partners share in the estate like spouses
QuebecOne-third to the married or civil-union spouse and two-thirds to the childrenDe facto (common-law) spouses have no intestate rights

With no spouse, the estate usually goes to the children equally, then to parents, then to siblings and more distant relatives. The other provinces have similar preferential-share rules with their own amounts; the province’s intestate succession law is the authority. Because rules for common-law partners vary so much, couples who aren’t married are more exposed; see common-law relationship finances.

What a will covers that intestacy can’t

SectionWhat it does
Executor and alternateWho settles the estate, without a court appointment
Guardian and alternateWho would raise minor children
Specific giftsItems or amounts to named people or charities
Residue clauseWho receives everything else
TrustsMoney held for minor or disabled beneficiaries, or paid in stages; see testamentary vs inter vivos trusts
Funeral wishes and digital assetsGuidance for the family and authority to deal with online accounts

Making a will also lets you plan around probate: assets with a named beneficiary or held in joint tenancy pass outside the estate, while everything else goes through it; the fees and ways to reduce them are in probate fees by province. Online services make a basic will quick to set up; they are compared in the best online will services.