Estate Planning Guide
What Happens If You Die Without a Will in Canada?
Dying without a will is called dying intestate. When that happens, your province — not you — decides who gets your estate. Here’s what that means for your family.
What Is Intestacy?
Dying Intestate in Canada
When you die without a valid will, you die “intestate.” Each province and territory has its own intestacy legislation that determines how your estate is distributed. Your wishes, relationships, and intentions are irrelevant — the formula applies regardless.
Important: Common-law partners are not automatically entitled to inherit under most provincial intestacy laws. Only legally married spouses have guaranteed rights in most provinces.
Who Gets What
How the Province Divides Your Estate
The distribution formula varies by province, but the general hierarchy looks like this:
Married spouse only (no children)
Your spouse typically inherits the entire estate.
Married spouse + children
Your spouse receives a preferential share (varies by province), and the remainder is split between your spouse and children.
Children only (no spouse)
The estate is divided equally among your children.
No spouse or children
The estate passes to parents, then siblings, then more distant relatives.
No living relatives
Your estate escheats — it goes to the provincial government.
Real Consequences
The Problems With Dying Intestate
Beyond the distribution formula, dying without a will creates a number of serious practical problems for the people you leave behind.
No executor of your choosing
The court appoints an administrator — who may not be who you would have chosen.
No guardian named for children
If you have minor children, a judge decides who raises them.
Common-law partners can be left out
In most provinces, a common-law partner has no automatic right to inherit.
Probate takes longer
Without a will, the court process is slower and more expensive.
Family conflict
Undefined wishes create disputes between family members.
Assets may not go where intended
Specific items or sentimental property have no legal route to the people you'd want to have them.
Common Questions
Intestacy FAQs
It depends on the province. In Alberta, British Columbia, and Nova Scotia, common-law (adult interdependent) partners may have some rights after a qualifying period. In Ontario, common-law partners have no automatic inheritance rights under the Succession Law Reform Act. A will is essential for common-law couples.
If the home is jointly owned with right of survivorship, it passes automatically to the surviving owner regardless of a will. If you own it solely, it becomes part of your estate and is distributed according to provincial intestacy rules.
The court appoints an ‘administrator’ — usually a close family member who applies for a Certificate of Appointment of Estate Trustee. This process takes longer and costs more than naming an executor in a will.
Yes, but a properly prepared will is much harder to contest than dying intestate. Common grounds for contesting include lack of testamentary capacity, undue influence, or improper execution.
Don't Leave It to the Province
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Related Guides
More guides on wills and estate planning in Canada.
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