If I die without a will in Ontario and I have a spouse and children, who inherits?

If you die without a will in Ontario, the Succession Law Reform Act sets out a fixed formula for distributing your estate. For someone with both a spouse and children, the surviving spouse receives a "preferential share" of the estate first. After that preferential share is satisfied, any remainder is divided between the spouse and children.

The size of the preferential share and how the remainder is split can result in a distribution that does not match what you would have chosen. For example, the formula does not distinguish between children from the current relationship and children from a previous relationship — all of your children share equally in whatever portion falls to them after the spouse's preferential share.

Common-law partners do not have the same automatic inheritance rights as married spouses under Ontario's intestacy rules, which is a significant issue for many couples. A common-law partner would need to bring a dependant's relief claim to receive anything from the estate.

The intestacy rules also do not reflect blended family realities — they cannot direct assets to a particular child, set up trusts, or protect a former spouse's support obligations. Having a valid will is the only way to control these outcomes and make sure your wishes are actually followed.