Dying without a will does not mean nobody inherits. It means the legislature decides instead of you — and its answer often differs from what the family assumed.
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This is the distinction almost everyone conflates, and getting it wrong sends families down the wrong path.
Who inherits on an intestacy is governed by the Succession Law Reform Act, which sets out a statutory scheme of distribution to the spouse and next of kin.
Who is entitled to be appointed to administer the estate is a different question, governed by the Estates Act. The person with the strongest claim to inherit is not automatically the person appointed, and the appointment has its own requirements.
The scheme distributes to a spouse and blood relatives in a defined order. It does not know about your intentions, your relationships, or your promises.
It does not recognise a common-law partner in the way many people expect. In Ontario, a common-law partner is not a 'spouse' for the purposes of the intestacy distribution — which means a partner of twenty years can receive nothing under the statutory scheme, while relatives the deceased barely saw inherit.
It also makes no provision for stepchildren who were never adopted, for charities, or for anyone the deceased simply wished to benefit.
Someone must apply to be appointed estate trustee without a will, and there may be an additional requirement — such as a bond — that does not arise where a will names a trustee.
Locating the assets is harder without a will to describe them, and locating the next of kin can be harder still where the family is dispersed.
Where a common-law partner or a dependant is left without provision, a dependant's support claim under the Succession Law Reform Act may be available. It is time-limited, so advice should be taken early rather than after the estate is distributed.
The Succession Law Reform Act sets a statutory scheme distributing to the spouse and next of kin in a defined order.
Not under the intestacy scheme — a common-law partner is not treated as a spouse for that purpose in Ontario. A dependant's support claim may be available instead.
Someone appointed by the court as estate trustee without a will. Entitlement to be appointed is governed by the Estates Act, which is a separate question from who inherits.
It can be. Requirements differ where there is no will naming a trustee, and this is one of the practical differences families do not anticipate.
A dependant may claim support from the estate, and there are time limits. Advice should be taken before the estate is distributed.
Government sources for this topic. Rules change — confirm the current position before you rely on it.
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