Originally Published: September 2021
Updated: July 2023
An important part of estate planning is creating your Will, which outlines how your assets should be distributed after death. So, who inherits assets when there is no Will in Ontario?
If you die without a Will, Ontario law states that you have technically died “intestate,” meaning that you have left no instructions as to how you would like your property to be divided and distributed.
In these circumstances, the Ontario Succession Law Reform Act governs how your property will be distributed to your surviving relatives.
If you would like your property to be divided according to provincial law, it is a very good idea to create a Will as it will reduce delays and expenses involved in administering your assets.
If you would like your property to be divided according to provincial law, it is a very good idea to create a Will as it will reduce delays and expenses involved in administering your assets.
How Will Your Assets Be Distributed?
The Ontario Succession Law Reform Act states that if you pass away without a Will, your assets will be distributed in the following ways:
- If you are married without children: A surviving spouse in Ontario receives the entire estate.
- If you are married with children: A surviving spouse in Ontario is now entitled to the first $350,000, up from $200,000, as their preferential share of their spouse’s estate. For individuals who have died before March 1, 2021, the amount of the surviving spouse’s preferential share remains $200, 000. If any is money left over beyond the $350, 000, it is to be divided between your spouse and your children. Where there is only one child, the balance of the estate beyond the preferential share, is divided equally between the spouse and child. Where there are two or more children, the spouse takes one-third of the balance, and the remainder of the assets are divided equally among the children.
- If you are a single parent with children: The children each inherit an equal portion of your assets. If any of them have died, that child’s descendants (i.e. grandchildren) will inherit their specific share.
- Married with no children: Your spouse is entitled to everything if you are legally married (common-law is not included).
- No spouse and children: Your assets are inherited by your parents equally. If there is only one surviving parent, then they inherit the estate in its entirety.
- No spouse, children, or parents: Your assets will be distributed among surviving brothers and sisters equally. In the event any brother or sister has predeceased you, their share of the estate will be distributed among their children equally.
- No spouse, children, parents, or brothers/sisters: All property shall be distributed amongst the nieces and nephews of the deceased.
- No spouse, children, parents, brothers/sisters, or nieces/nephews: Assets shall be distributed among the closest next of kin. If there is no discernible next of kin, the assets of the estate will go to the Ontario government.
Who is Considered a Relative?
When someone dies without a Will, only blood relatives, including children born outside of a marriage, or legally adopted children, can inherit.
Half-blood relatives will share equally with whole-blood relatives.
Who Becomes the Administrator of Your Estate?
When someone dies without a Will in Ontario, an estate administrator must be appointed to manage and distribute the deceased’s assets according to the laws of intestacy.
The court has the authority to appoint an estate administrator to manage and distribute the deceased’s assets according to the laws of intestacy as set out in the Estates Act. According to subsection 29 (1), there is no priority scheme established as to who will become the estate administrator. According to section 29 (1) the following people will be considered by the court in determined who will be the estate administrator: (a) the person to whom the deceased was married immediately before the death of the deceased or person with whom the deceased was living in a conjugal relationship outside marriage immediately before the death; (b) the next of kin of the deceased; or (c) the person mentioned in clause (a) and the next of kin.
If there is no eligible person willing or able to take on the role, the court may appoint a public trustee or an estate administration officer to administer the estate.
Contact a Newmarket, Barrie, Richmond Hill, Mississauga or Oshawa Will & Estate Lawyer
Being responsible for a loved one’s estate is no easy task, particularly as you grieve your loss at the same time.
An experienced Will and estates lawyer in our Newmarket, Barrie, Richmond Hill, Mississauga or Oshawa law firms can help you navigate this process.
This blog is made available by the law firm publisher, Epstein & Associates, for educational purposes. It provides general information and a general understanding of the law but does not provide specific legal advice. Any specific questions about your legal concerns please contact us now and speak to an expert today.