Reviewed by Karim Eshqoor, Lawyer, Barbarian Law™ (LSO #83032R)
If you die without a will in Ontario, Part II of the Succession Law Reform Act decides who inherits. A married spouse takes the first $350,000 and, if there are children, shares the rest with them. Common-law partners inherit nothing automatically, and a court must appoint someone to administer the estate.
Most people know they need a will. Most people do not have one. If you die without one in Ontario, the law writes it for you, and the result is often not what you would have chosen.
Barbarian Law™ drafts wills and powers of attorney in Aurora for clients across York Region and the GTA. Service overview: wills and estates.
Who inherits if you die without a will in Ontario?
Ontario’s intestacy rules are in Part II of the Succession Law Reform Act (SLRA). They apply in a fixed order, whatever your family would have wanted.
| Your situation at death | Who inherits |
|---|---|
| Married spouse, no children | Your spouse takes everything |
| Married spouse and one child | Your spouse takes the first $350,000 (the preferential share); the rest is split equally between your spouse and your child |
| Married spouse and two or more children | Your spouse takes the first $350,000, then one-third of the rest; your children share the other two-thirds |
| Children, no spouse | Your children share equally; a child who died before you is replaced by that child’s own children |
| No spouse or children | Your parents, then your siblings, then nieces and nephews, then your next of kin |
| No relatives at all | Your estate passes to the Province of Ontario |
The $350,000 preferential share applies to deaths on or after March 1, 2021.
Does a common-law partner inherit without a will?
A common-law partner is not a spouse under Ontario’s intestacy rules, however long the relationship. Their only route is a court application for dependant support under Part V of the SLRA, which costs time and money and has no guaranteed result. If you live common-law, a will is the only reliable way to provide for your partner.
Does a separated spouse inherit?
For deaths on or after January 1, 2022, a married spouse does not inherit on intestacy if the two of you had been living separate and apart for three years before the death, or had settled your affairs by separation agreement, court order or family arbitration award (SLRA s. 43.1).
Can a married spouse choose equalization instead?
A surviving married spouse can elect, within six months of the death, to take an equalization of net family property under the Family Law Act instead of the intestate share. That choice can change what everyone else receives.
Who administers the estate when there is no will?
Without a will there is no named executor. A family member must apply to the Superior Court of Justice for a Certificate of Appointment of Estate Trustee Without a Will. The application usually needs consents from the other beneficiaries and often a bond. Until the court appoints someone, nobody has clear authority to deal with bank accounts, real estate or a business, and Estate Administration Tax is payable on the assets that go through the court.
No will means no executor
Until the court appoints an estate trustee, nobody has clear authority to sell the house, close the bank accounts or run the business.
What happens to minor children?
A will is where you name who should care for your minor children and who should manage their inheritance. Without one, a child’s share of an intestate estate can end up paid into court and released at 18, and family members start from nothing on custody.
Does a will cover incapacity?
Intestacy rules only deal with death. If you lose capacity while you are alive, a will does nothing for you; you need continuing powers of attorney for property and for personal care. See Power of Attorney for Property vs. Personal Care.
How much does a will cost in Ontario?
Wills and powers of attorney at Barbarian Law™
| Service | Price |
|---|---|
| Will | $750 + HST |
| Mirror wills for a couple (the pair) | $1,200 + HST |
| Power of attorney, property or personal care | $450 + HST per document |
| Both powers of attorney, one person | $800 + HST |
| Complete estate plan for a couple (mirror wills + four POAs) | $1,800 + HST |
Prices exclude HST. Every will includes an affidavit of execution from an attesting witness. Home or hospital signing carries a travel surcharge, stated in your estimate before you book.
How do you avoid intestacy?
A will drafted by a lawyer, signed and witnessed properly, replaces every rule above with your own decisions. Wills, mirror wills and couple estate plans are flat-fee, priced above and on our fees page. How the process works: how to make a will in Ontario.
Frequently asked questions
Does my spouse get everything if I die without a will in Ontario?
Only if you have no children. With children, a married spouse takes the first $350,000 and then shares the rest with them: half with one child, one-third with two or more.
Can I write my own will in Ontario?
Yes. A will entirely in your own handwriting and signed by you is valid without witnesses, and a typed will is valid if signed before two proper witnesses. Homemade wills still fail more often on formalities and unclear wording, which is where disputes start.
Do heirs have to pay the deceased’s debts?
No, not personally, unless they guaranteed a debt or co-signed. The estate pays valid debts before anyone inherits, which can reduce or eliminate what beneficiaries receive.
Next step
Contact Barbarian Law to book a will appointment in Aurora, in person or by video.
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This article is general information about Ontario law, not legal advice, and reading it does not create a lawyer-client relationship. Every situation is different; speak with a lawyer about yours.
