- Children share equally in what is left after any spouse's entitlement, and a deceased child's share passes to their own children.
- With a spouse and children, the children share what remains above the preferential share.
- A minor's share over $35,000 is paid into court and held until the child turns 18, and the Office of the Children's Lawyer must be served.
When a parent dies without a will, children are usually first in line after a surviving spouse. How much they receive, and when, depends on the family and, for young children, on extra protections.
This article explains how adult and minor children share an estate in Ontario when there is no will.
When children inherit
Subject to the spouse's rights, the intestate's property is distributed equally among their issue. If there is no spouse, the children therefore share the estate equally.
If there is a spouse, the spouse takes the preferential share first when the net value is above it. The preferential share is $350,000 for deaths on or after March 1, 2021 and $200,000 for earlier deaths. If the net value is no more than that amount, the spouse takes the whole estate and the children receive nothing from it.
Above the preferential share, a spouse with one child gets one-half of what is left and the child gets the other half. With more than one child, the spouse gets one-third and the children share the rest.
Grandchildren and other situations
- If a child died before the deceased, that child's share passes to their own issue, so grandchildren take their parent's share.
- A person is the child of their parents whether or not the parents were married.
- An adopted child is the child of the adoptive parent from the adoption order, and stops being the child of the former parent unless that person is the adoptive parent's spouse.
- A child conceived before the death and born alive after it inherits as if born in the deceased's lifetime.
- A child conceived and born after the death inherits only if the conditions in section 1.1(1) of the Act are met.
What happens to a minor child's share
Minor children cannot simply be handed an inheritance. When a beneficiary is under 18, the applicant must serve the Office of the Children's Lawyer.
| Size of the minor's share | How it is handled |
|---|---|
| Over $35,000 | The money is paid into court and held by the Accountant of the Superior Court of Justice until the child turns 18. |
| Under $35,000 | The money can be paid to the parent the child lives with, or to the person with lawful custody, to hold until the child turns 18. |
These amounts can be changed by regulation, so confirm the current threshold with a lawyer before relying on it.
Who administers the estate
Someone must be appointed to manage the estate. If there is no will, the spouse or common-law partner usually has the first right to apply, and a close adult relative, including a child, can apply after them. The court may appoint the relative it considers most appropriate.
The estate trustee is the only person with legal authority to manage or distribute an estate. A bond is required when the deceased died without a will. The trustee also pays funeral expenses and debts before distributing.
What to do next
- Confirm there is no valid will.
- List every child, including adopted children and any child who has died leaving children.
- Find out whether any child is under 18, and tell the lawyer handling the application, since the Office of the Children's Lawyer must be served.
- Estimate the estate's net value after debts and expenses.
- Get legal advice on bonds, court payments and who should apply to administer the estate.
Frequently asked questions
Do adult children inherit if the parent leaves a spouse?
They may, but only if the net value is above the preferential share, because the spouse takes the whole estate when it is no more than that amount. Above it, the children share what remains with the spouse.
What if my parent died before the person who died?
If a child died before the deceased, that child's share passes to their own issue, so grandchildren take their deceased parent's share.
Who looks after a minor's inheritance?
It depends on the size of the share. A share over $35,000 is paid into court and held until the child turns 18, while a smaller share can be paid to the parent the child lives with or the person with lawful custody.
What does the Children's Lawyer do?
When a beneficiary is under 18, the applicant must serve the Office of the Children's Lawyer. A lawyer can explain what that involves in your case.
Sources
- Succession Law Reform Act, R.S.O. 1990, c. S.26 (e-Laws) — Ontario e-Laws
- O. Reg. 54/95 (Preferential Share) under the Succession Law Reform Act — Ontario e-Laws
- Child, Youth and Family Services Act, 2017, S.O. 2017, c. 14, Sched. 1 (e-Laws) — Ontario e-Laws
- Children's Law Reform Act, R.S.O. 1990, c. C.12 (e-Laws) — Ontario e-Laws
- Ontario.ca – Apply for probate of an estate — ontario.ca
- Ontario.ca – Administering estates — ontario.ca
- Ontario.ca – The Office of the Children's Lawyer and estates and trusts matters — ontario.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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