Can my separated (but not divorced) spouse inherit if I die without a will in Ontario?

Yes, under Ontario's intestacy rules, a legally married spouse remains your spouse for inheritance purposes until a divorce is finalized — regardless of how long you have been separated. Separation alone does not end the legal marriage, so a separated spouse is still entitled to the full preferential share and other intestacy benefits as if you were together.

This surprises many people who have been separated for years and assumed their estranged spouse would have no claim on their estate. Under the Succession Law Reform Act, only a final divorce order ends the spousal relationship for intestacy purposes.

If you are separated and want to ensure your estranged spouse does not inherit, making a will is critical. A will typically overrides the intestacy formula. However, a separated spouse may still have dependant's support rights that a court could enforce, so it is wise to obtain legal advice on your specific circumstances.