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Wills & Estates

How do I prove I am entitled to an inheritance as a beneficiary in Ontario?

TSL Written by the Treadstone Law Team· Updated November 6, 2026

How you prove your right to an inheritance depends on how you are entitled in the first place: a will, the intestacy rules, or a named designation on a policy or plan. The estate trustee and any institution holding assets will each decide what they need, and practice varies, so expect requests for identification and for evidence of your relationship to the deceased.

On an intestacy, the rules in the Succession Law Reform Act set who takes. With no issue, the spouse takes everything; with issue, the spouse takes the preferential share and then one-half of the residue for one child or one-third for two or more children, and the rest goes equally among the issue. The preferential share is $350,000 for deaths on or after March 1, 2021. A common-law spouse does not inherit on intestacy; their remedy is a dependant support claim. A separated spouse also loses intestate entitlements.

If you are named on an insurance policy, the beneficiary may enforce payment in their own name, but the insurer can raise any defence it could have raised against the insured. Ask the estate trustee what they need and keep copies. A lawyer can confirm what proof fits your situation.

Key takeaways

  • On an intestacy, the Succession Law Reform Act sets who takes, starting with the spouse and issue.
  • The spouse's preferential share is $350,000 for deaths on or after March 1, 2021, and $200,000 for earlier deaths.
  • A common-law spouse does not inherit on intestacy, and their remedy is a dependant support claim.
  • A named insurance beneficiary may enforce payment in their own name, but the insurer can raise any defence it could have raised against the insured.
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone wills & estates lawyer can help.

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Sources

Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.

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