If I die without a will and have a spouse and children, who gets my estate in Ontario?

Ontario's intestacy rules give your surviving spouse a "preferential share" of your estate before anything is divided with your children. The preferential share amount is set by regulation and has been updated periodically, so a lawyer can confirm the current figure. Your spouse receives that preferential share from the estate first.

If anything remains after the preferential share, it is divided between your spouse and your children. The exact split depends on how many children you have. With one child, your spouse and that child each receive a portion. With two or more children, your spouse's share decreases and the children divide the remainder equally among themselves.

This formula can produce results that surprise families — for instance, children from a previous relationship may receive a share of an asset your current spouse expected to keep. A will allows you to customize these outcomes and avoid unintended consequences.