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What happens if I die without a Will?
If someone passes away without a Will, their estate is transferred to their nearest kin after all estate and personal taxes and debts are paid. The distribution is slightly different in each province. The order of payment in Ontario is as follows:
If the person has a spouse, but no children, their spouse receives the full amount of the estate.
If the person has a spouse and children, and the value of the estate is $350,000 or less, the full amount goes to the spouse. This applies if the person passed away on or after March 1, 2021.
If the person has a spouse and one child, and the value of the estate is more than $350,000, the spouse receives the first $350,000 and half of the remaining estate. The child receives the remaining half.
If the person has a spouse and two or more children, and the value of the estate is more than $350,000, the spouse receives the first $350,000 and one third of the remaining estate. The balance of the estate is divided among the children equally.
If there are no spouses or children, the estate will be paid to the deceased’s parents.
If no spouse, no children and no living parents, then the estate will be paid to the deceased’s siblings in equal shares. If any of the siblings have passed, but having living children, the sibling’s share goes to their respective children (ie. nephew and nieces).
Are common-law partners are not a spouse under the succession?
In Ontario, the definition of spouse refers to married couples. Common-law partners do not receive any benefits under the rules of intestate. However, they can apply as a dependent in order to obtain financial support (Spousal Support) and they may be able to apply in family court for a portion of the decease's assets under trust claims.
What if the decease is married but separated from their spouse?
If the decease was separated at the time death, their spouse will not be entitled to any portion of their estate under the rules of intestate. The definition of "separated" in estate law is different than family law. To be separated in estate law, the couple must have:
been living separate and apart for a period of at least three years immediately before death; or
entered into a valid separation agreement under Part IV of the Family Law Act; or
obtained a court order with respect to their rights and obligation in settling their affairs that arose from the breakdown of the marriage; or
obtained a family arbitration award made under the Arbitration Act with respect to their rights and obligation in settling their affairs that arose from the breakdown of the marriage;
...and at the time of death, they were living separate and apart.
What if the deceased’s child dies leaving children behind?
If the deceased had a child that died before him, but that child had children (ie. The deceased’s grandchildren), then that child’s shares will be paid to his living children (grandchildren).
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