Wills and Estates, What Happens if you Die Without a Will in Ontario
Unfortunately, far too many Ontarians die intestate, meaning without a valid will. This could mean they never wrote a will prior to their death, or that the will they wrote was invalid and therefore useless because it failed to meet the legal criteria.
If an individual dies intestate, their estate is divided according to provincial rules. This article will present the inheritance laws for intestate death in Ontario.
Estate Inheritance for Intestate Deaths Before March 1, 2021
According to Ontario’s Succession Law Reform Act, in the absence of a valid will, there is a default hierarchy by which a deceased individual’s estate must be divided among the surviving family members and relatives.
- The first $200,000 goes to the spouse. If the spouse of the deceased is alive and no one who was financially dependant on the deceased makes a claim, and the total value of the estate is under $200,000, the spouse inherits the entire estate.
- After the first $200,000, the remaining value is typically split between the spouse and descendants. If the value of the estate exceeds $200,000, the remaining amount is split between the spouse and descendants (children and sometimes grandchildren) of the deceased. The proportions by which the remaining estate is split depends on the number of children the deceased individual had and whether any children died before the deceased individual.
- Children inherit the estate in the absence of a spouse. If there is no surviving spouse, the children inherit the full value of the estate. If a child of the deceased has also died, their own children (the deceased individual’s grandchildren) equally inherit their parents’ share.
- Parents inherit in the absence of a spouse and descendants. If there is no surviving spouse or descendants of the deceased, the parents of the deceased individual inherit the estate.
- Siblings inherit in the absence of parents, spouse, and descendants. If there are no surviving parents, spouse, or descendants, the siblings of the deceased inherit the estate.
- Inheritance laws grow complex in the absence of the above inheritors. If the only surviving relatives are not members of the deceased’s nuclear family, inheritance rules grow more complex.
Estate Inheritance for Intestate Deaths On or After March 1, 2021
For deaths on or after March 1, 2021, the preferential share, or amount that the spouse receives before he or she has to share with relatives, is $350,000.
- The first $350,000 goes to the spouse. If the spouse of the deceased is alive and no one who was financially dependant on the deceased makes a claim, and the total value of the estate is under $350,000, the spouse inherits the entire estate.
- After the first $350,000, the remaining value is typically split between the spouse and descendants. If the value of the estate exceeds $350,000, the remaining amount is split between the spouse and descendants (children and sometimes grandchildren) of the deceased. The proportions by which the remaining estate is split depends on the number of children the deceased individual had and whether any children died before the deceased individual.
- Children inherit the estate in the absence of a spouse. If there is no surviving spouse, the children inherit the full value of the estate. If a child of the deceased has also died, their own children (the deceased individual’s grandchildren) equally inherit their parents’ share.
- Parents inherit in the absence of a spouse and descendants. If there is no surviving spouse or descendants of the deceased, the parents of the deceased individual inherit the estate.
- Siblings inherit in the absence of parents, spouse, and descendants. If there are no surviving parents, spouse, or descendants, the siblings of the deceased inherit the estate.
- Inheritance laws grow complex in the absence of the above inheritors. If the only surviving relatives are not members of the deceased’s nuclear family, inheritance rules grow more complex.
