Who inherits in Ontario if someone dies without a will?
When a person dies without a will in Ontario, their estate is distributed according to the intestacy rules in the Succession Law Reform Act. The rules create a priority order that begins with the closest relatives.
If the deceased left a spouse but no children, the entire estate goes to the spouse. "Spouse" under Ontario's intestacy rules includes legally married spouses; common-law partners (people not legally married) do not automatically inherit under the intestacy rules, though they may have a dependant support claim.
If there is both a spouse and children, the spouse receives a preferential share off the top (the amount is set by regulation), and the remainder is divided between the spouse and children according to a formula. If there is no spouse, the estate passes to children equally. If there are no children, the estate passes to parents, then to siblings, then to nieces and nephews, and so on through the family hierarchy.
An estate with no traceable relatives ultimately escheats to the provincial Crown.
Key takeaways
- Ontario's Succession Law Reform Act governs who inherits without a will.
- Common-law partners do not automatically inherit under Ontario's intestacy rules.
- Spouse and children share the estate according to a statutory formula.
- A will is the only reliable way to direct who receives your estate in Ontario.