Do my grandchildren inherit anything if I die without a will in Ontario?
Grandchildren do not automatically inherit from your estate under Ontario's intestacy rules — but they can inherit indirectly through a legal principle called "per stirpes" distribution. If one of your children predeceased you, that child's share passes to their own children (your grandchildren) in equal parts. The grandchildren step into their parent's place in the inheritance hierarchy.
If all of your children are alive, your grandchildren receive nothing directly under the intestacy rules — your children take the entire children's share. Grandchildren only inherit when their own parent (your child) is no longer alive to inherit.
A will gives you the freedom to leave something directly to grandchildren if that is your wish — for example, a specific gift or a trust to be held until they reach a certain age. Without a will, the distribution formula does not allow for that kind of flexibility.
Key takeaways
- Grandchildren inherit only if their own parent (your child) predeceased you.
- In that case, they divide their parent's share equally among themselves.
- If all your children are living, grandchildren receive nothing under intestacy.
- A will allows you to make direct gifts to grandchildren.