What is the 'preferential share' a spouse gets when there is no will in Ontario?

When someone dies intestate in Ontario and leaves a surviving spouse, that spouse is entitled to a "preferential share" — a set dollar amount taken from the estate before the remainder is divided with any children. The preferential share amount is established by provincial regulation and has been adjusted over the years, so consulting a current source or a lawyer will confirm the figure in effect at any given time.

The purpose of the preferential share is to protect the surviving spouse from being left with too little, particularly when there are children from the same or a different relationship. The spouse receives their preferential share first, and only the surplus (if any) is divided between the spouse and the children using the statutory formula.

If the total estate is worth less than the preferential share, the surviving spouse inherits everything and the children receive nothing under the intestacy rules. A will gives you the flexibility to provide differently — for example, leaving the house outright to your spouse while directing other assets to children from a prior relationship.