In Ontario, dying without a will is referred to as dying intestate. When a person passes away without leaving a will, their estate will be administered according to the Succession Law Reform Act. This law dictates how assets and property will be distributed, and it may not reflect the deceased’s personal wishes.

How Intestate Succession Works in Ontario

When someone dies intestate, the distribution of their estate follows a prescribed order, depending on whether the deceased had a spouse, children, parents, or other family members. Here’s a breakdown of how assets are typically distributed under Ontario’s intestacy laws:

• Spouse and Children: If the deceased was married or had a common-law partner, the estate will be divided between the spouse and children. The spouse typically receives a preferential share, and the remaining assets are divided among the spouse and children. However, if the deceased had a large estate, the division of assets may not align with what the deceased would have intended.
• No Spouse or Children: If the deceased had no spouse or children, the estate will be divided among surviving family members, including parents, siblings, nieces, and nephews, following a set order of priority.
• No Family Members: If there are no surviving relatives, the estate will pass to the Crown, and the Escheats Act, 2015 applies.

Why It’s Crucial to Have a Will

The risks of dying intestate are significant. Not only may your estate be distributed in a way you wouldn’t have wanted, but the process can be more time-consuming and costly for your loved ones. Without a will, your family members may face delays, disputes, and unnecessary stress, especially if the intestacy laws don’t reflect your actual wishes.

Avoiding Intestacy Through a Will

Having a legally valid will is the best way to avoid the complications of intestacy. A will gives you the power to determine how your estate will be divided, name an executor, and appoint a guardian for minor children. It’s essential to keep your will up to date to reflect any significant life changes.

Dying intestate can result in an outcome far from what you would have chosen for your loved ones. To avoid uncertainty and ensure that your estate is distributed according to your wishes, it's important to create and regularly update a legally binding will.

 At LexCounsel, we assist clients in drafting wills that protect your legacy and provide peace of mind for both you and your loved ones.