March 20, 2025
Having a will is one of the most important steps you can take to ensure that your wishes are carried out after your death. However, many Ontarians die without a will in place.
Dying without a will in Ontario can create unnecessary stress and financial burden for your loved ones. By taking the time to prepare a will, you can protect your family and ensure that your legacy is handled according to your wishes. Don’t wait until it’s too late — start your estate planning today.
Here’s what you need to know about dying without a will in Ontario.
- The Role of Ontario’s Succession Law Reform Act (SLRA)
In Ontario, the Succession Law Reform Act governs what happens when a person dies without a will. Under the SLRA, your estate is distributed according to a prescribed set of rules, which might not be what you would want.
- Who Administers Your Estate?
Without a will, no executor is named to manage your estate. Instead, someone must apply to the court to be appointed as the estate trustee (commonly referred to as an administrator). Typically, a close family member, such as a spouse or child, will take on this role. If no family member steps forward, the court may appoint a friend, or as a last resort, the Office of the Public Guardian and Trustee to administer your estate. The important takeaway is that the administration may be done by a person other than the one you would pick.
- How Are Assets Distributed?
The distribution of your estate depends on your family situation at the time of your death. Here’s a summary of how Ontario’s intestacy rules work:
Scenario 1: Spouse Only
If you are married but have no children, your entire estate goes to your spouse. Note that common-law partners are not considered spouses under Ontario intestacy laws and will not inherit unless named in a will.
Scenario 2: Spouse and Children
If you are married with children, your spouse receives the first $350,000 of your estate ( since 2022). The remainder is divided as follows:
- If you have one child, your spouse receives half of the remaining estate, and the child receives the other half.
- If you have two or more children, your spouse receives one-third of the remainder, and the children share the other two-thirds equally.
Scenario 3: Children Only
If you have children but no spouse, your estate is divided equally among your children. If a child has predeceased you, their share will go to their descendants.
Scenario 4: No Spouse or Children
If you have no spouse or children, your estate will pass to your next closest relatives in the following order:
- Parents
- Siblings
- Nieces and nephews
- More distant relatives
If no relatives can be located, your estate ultimately passes to the Crown, meaning it becomes the property of the Ontario government.
- Implications for Common-Law Partners
Under Ontario law, common-law partners do not have the same rights as married spouses when one dies without a will. This means that if you die without a will, your common-law partner will not automatically inherit any portion of your estate. They may need to make a claim for support as a dependent under the SLRA, which can be time-consuming and stressful.
- Challenges of Dying Without a Will
Dying without a will can lead to complications for your loved ones, including:
- Delays in estate administration: The process of appointing an administrator can take time, delaying the distribution of assets.
- Increased legal costs: The absence of a will often leads to higher legal and administrative expenses.
- Family disputes: Intestacy rules may not reflect your family dynamics, leading to potential conflicts among heirs.
- How to Avoid Intestacy
The best way to avoid these issues is to create a legally valid will. A will allows you to:
- Name an executor to manage your estate.
- Specify how your assets should be distributed.
- Provide for loved ones who might otherwise be excluded, such as common-law partners or stepchildren.
- Minimize family disputes and legal costs.
- Weilers LLP is here to help you
Drafting a will ensures that your wishes are followed and provides peace of mind for you and your loved ones. Consider consulting with a lawyer to ensure that your will complies with Ontario law and addresses your unique circumstances. At Weilers LLP we have a team of lawyers to choose from. Give one of us a call and see if we are the right lawyers for you.