What happens if you die without a will in Canada?
When a person dies intestate (without a will), provincial succession legislation dictates who inherits. A surviving spouse typically receives a preferential share first (for example $350,000 in Ontario), then the remainder is divided between the spouse and children. Common-law status, the number of children, and whether children are shared all affect the split.
What is a preferential share?
A preferential share is a fixed dollar amount the surviving spouse receives before the rest of the estate is divided. In Ontario it is $350,000 (for deaths on or after March 1, 2021); in British Columbia it is $300,000 where all children are the spouse's, otherwise $150,000. Only the residue above the preferential share is split with the children.
Do common-law partners inherit under intestacy?
It varies by province. British Columbia and several others treat qualifying common-law partners the same as married spouses for intestacy. Ontario, however, historically limited automatic intestate inheritance to legally married spouses, though common-law partners may pursue a dependant support claim. Always confirm your province's current rules.
How are children's shares divided?
After the spousal entitlement, the children share the residue equally. If a child has died before the parent leaving their own children (grandchildren of the deceased), that branch takes the deceased child's share by representation (per stirpes). Minor children's shares are usually held in trust until the age of majority.