When a person dies without a will (intestate), the distribution of their estate is governed by the succession laws of the province in which they resided. In Ontario, for instance, the surviving spouse is entitled to a preferential share of the estate. However, if there is no surviving spouse, the estate will generally pass to the deceased’s children—or, in the case of a deceased child, to their descendants. If there are no descendants, then the estate will pass to the deceased’s parent(s), sibling(s), niece(s) and nephew(s), next of kin, and provincial government, in that order.
To gain a deeper understanding of Ontario’s intestate succession laws, there are several valuable resources that you can request to receive from our team including:
- Will and Will Planning Guide
- Dying Intestate – Spouse’s Preferential Share of the Estate
- Intestacy – Estate Distribution by Province
It’s important for anyone without a will to consult with their lawyer, as dying intestate can lead to unintended consequences. For example, if a person passes away before their spouse, the estate will be divided between the spouse (who receives a preferential share) and any surviving children. This arrangement can prevent opportunities for tax-deferred rollovers to the surviving spouse, which could have been possible with proper estate planning.
Additionally, while the intestacy laws of the province typically govern the distribution of personal assets, the rules can vary if the deceased owns real estate in other provinces. In that case, the intestacy laws of those specific provinces will apply to the real estate.
Another potential challenge arises when assets are passed to a minor child, especially if that child is a descendant of a pre-deceased child. In such situations, managing the inheritance can become complicated. Depending on the value of the inheritance, the assets may need to be administered by the Public Guardian and Trustee or placed into court oversight until the child reaches adulthood.
It is crucial for individuals to consult a lawyer to ensure that their estate is handled according to their wishes and to avoid the potential complications of intestacy. As a valued client of ours, please reach out to book an appointment with one of our Will & Estate Consultants to help explore the questions and scenarios that you may not even be aware to ask.