What Happens if You Die Without a Will in Ontario?

If you're an Ontario resident, preparing a will is important. Yet, many Ontarians die without one, leading to confusion and potential conflicts within families. In legal terms, dying without a valid will is known as dying "intestate." In Ontario, the distribution of your estate in such cases is governed by the Succession Law Reform Act, R.S.O. 1990, c. S.26 (SLRA). 

This article will explain what happens if you pass away without a will, detailing how your estate is distributed, who administers your estate, and highlighting why creating a will is always the best choice. 

How is Your Estate Distributed Without a Will? 

If you die without a valid will, the SLRA sets out a strict formula for distributing your assets: 

1. Surviving Spouse and No Children 

If you have a surviving spouse but no children, your spouse inherits your entire estate. 

2. Surviving Spouse and Children 

If you leave behind a spouse and children, your estate is distributed as follows: 

• Your spouse receives the "preferential share" of the first $350,000 of your estate (as of March 1, 2021; previously it was $200,000). 

• Any remaining balance of your estate is divided between your spouse and children. Your spouse receives one-third of the residue, while your children equally share the remaining two-thirds. 

3. Children but No Surviving Spouse 

If you have children but no surviving spouse, your children inherit your estate equally. If one of your children predeceases you, their share passes to their descendants (your grandchildren). 

4. No Surviving Spouse or Children 

In cases where there are no surviving spouses or descendants, your estate is distributed in the following order: 

• Parents 

• Siblings 

• Nieces and nephews 

• Other next-of-kin, in accordance with the degrees of consanguinity (blood relation) 

If no blood relatives can be located, your estate ultimately escheats to the Crown (the Ontario government). 

Who Manages Your Estate? 

Without a will naming an executor, the court appoints an "Estate Trustee Without a Will." This person is typically your closest relative or someone with a financial interest in your estate, as per sections 29 and 47 of the Estates Act, R.S.O. 1990, c. E.21. However, the appointment requires an application for a "Certificate of Appointment of Estate Trustee without a Will," which may delay the administration of your estate. 

Implications of Dying Without a Will 

Dying intestate in Ontario can cause significant challenges for your loved ones, including: 

• Loss of Control: Your wishes about your assets, personal effects, and guardianship of your minor children aren't considered. Instead, your estate distribution strictly follows the statutory rules, potentially leaving out loved ones you intended to provide for. 

• Family Conflict: Without clear instructions, family members may disagree about who should administer the estate or how specific assets should be distributed, leading to costly litigation. 

• Delays and Expenses: Appointing an Estate Trustee without a will can be lengthy and more expensive, diminishing the value of your estate through administrative and legal costs. 

Why You Need a Will 

Having a valid will is the most straightforward and cost-effective way to ensure your estate is handled according to your wishes. Key benefits include: 

• Personalized Distribution: Clearly outline who receives your assets, preventing unintended outcomes. 

• Appointing an Executor: Choose someone trustworthy and capable to administer your estate efficiently. 

• Guardianship: Specify who will care for your minor children, a decision otherwise left to the courts. 

Key Takeaways 

• Without a will, Ontario law (SLRA) determines how your estate is distributed. 

• Spouses and children receive priority in the estate distribution process. 

• Dying without a will means losing control over your asset distribution and potentially leads to family conflicts and delays. 

• Creating a valid will ensures your intentions are respected and reduces stress for your loved ones. 

Still Have Questions? 

If you're concerned about what happens to your assets and family if you die without a will, Mariotti Law Group can guide you through creating a clear, personalized estate plan. Contact us today to schedule your consultation with one of our experienced estate lawyers. 

Disclaimer: This article is for informational purposes only and does not constitute legal advice or create a solicitor-client relationship. For personalized advice, please consult Mariotti Law Group directly.