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Wills & Estates

How much does each child inherit when a parent dies without a will in Ontario?

TSL Written by the Treadstone Law team· Updated June 2026

How much each child inherits from an intestate estate in Ontario depends on whether a spouse also survives. If there is no surviving spouse, the children divide the entire estate equally among themselves. If one child predeceased the parent but left children of their own (the deceased's grandchildren), those grandchildren collectively take what their parent's share would have been.

If a spouse survives along with children, the spouse first receives a preferential share. The remaining estate (after the preferential share) is then divided between the spouse and the children. The specific fraction each party receives depends on the number of children. With one child, the remainder is divided between the spouse and that child. With two or more children, the children collectively receive a larger portion of the remainder, divided equally among them.

These fractions are set by legislation and can change. A lawyer can confirm the current amounts. The key point is that the formula is inflexible — a will allows you to provide specific amounts, trusts, or conditions tailored to each child's needs.

Key takeaways

  • With no surviving spouse, children divide the whole estate equally.
  • With a surviving spouse, children share the estate remaining after the preferential share.
  • The share per child depends on the number of children and whether a spouse survives.
  • A will allows you to tailor distributions rather than following the fixed formula.
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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