No Spouse or Children: Who Inherits Without a Will in Ontario?
If your brother, sister or other relative died in Ontario without a will and left no spouse and no issue (children, grandchildren or other descendants), the estate goes first to the parents, then to brothers and sisters, then to nieces and nephews, and then to more distant next of kin. If nobody qualifies, the property goes to the Crown.
Parents share equally, or the surviving parent takes everything. Where there is no parent, brothers and sisters share equally, and half-siblings share equally with full siblings. If a sibling died first, that sibling's children take that share. For example, with no living parent, two surviving siblings and a third who died leaving two children, the estate is split in three equal parts and the two children share the third.
Nieces and nephews inherit equally, but the children of a deceased niece or nephew do not take their parent's share. An unmarried partner has no intestate share, though they may be able to apply for administration or make a dependant support claim. Which rule applies depends on who is alive at the date of death, so a lawyer can confirm your situation.
Key takeaways
- The estate goes to the parents equally or to the surviving parent, and only if there is no parent does it pass to brothers and sisters.
- Half-siblings share equally with full siblings, and a sibling's children take that sibling's share if the sibling died first.
- Nieces and nephews inherit equally only when no spouse, issue (such as children or grandchildren), parent, brother or sister survives, and their own children do not step into a deceased niece's or nephew's place.
- An unmarried partner has no intestate share but may have a right to apply for administration or to make a dependant support claim.