Who inherits my estate if I die with no spouse and no children in Ontario?
If you die without a will and leave no surviving spouse or children, Ontario's intestacy rules work through a hierarchy of other relatives. The first group to inherit would be your parents. If both parents survive you, they share your estate equally. If only one parent is alive, that parent inherits everything.
If you have no surviving parents, your estate passes to your siblings, who share equally. Half-siblings are included but may be treated differently from full siblings, depending on whether full siblings also survive. If a sibling predeceased you but left children (your nieces or nephews), those children generally step into their parent's share.
The hierarchy continues through increasingly distant relatives — nephews, nieces, aunts, uncles, and cousins — if no closer relatives exist. If no eligible relative can be found, your estate may ultimately pass to the provincial government through a process called escheat. A will ensures your assets go where you actually want them, including to friends or charities.
Key takeaways
- Without a spouse or children, your parents are first in line to inherit.
- If no parents survive, siblings (and their descendants) inherit.
- The hierarchy continues through relatives until someone is found.
- Unclaimed estates may ultimately pass to the Ontario government.