What does it mean for an estate to be 'intestate' in Ontario?

"Intestate" simply means dying without a valid will. An estate is intestate — or the person died intestate — when they left no will at all, or when a will exists but is found to be invalid (for example, because it was not properly signed or witnessed). A will can also be partially intestate if it fails to dispose of all assets, in which case the intestacy rules apply only to the portion not covered.

Ontario's Succession Law Reform Act sets out the rules for distributing an intestate estate. These rules create a fixed hierarchy of heirs based on family relationships, with no room for the deceased person's personal wishes or your family's unique circumstances. It does not matter whether the deceased wanted a particular person to receive an asset — if they are not in the hierarchy, they receive nothing.

The practical result is that intestacy often leads to outcomes families did not expect or want. Creating a clear, properly executed will is the straightforward way to avoid having the province's default rules applied to your estate.