What Happens If You Die Without a Will in Canada?

Many people assume that without a will, everything simply goes to their partner or their kids. The reality is more complicated, and it is decided by a formula you never got to write.

Dying "intestate", in plain English

If you die without a valid will, you are said to die intestate. Your province's rules then decide who inherits and in what order, and those rules genuinely differ across the country. In several provinces a married spouse receives a fixed preferential share first, with the rest divided between spouse and children by formula.

One myth worth retiring: the government does not simply take everything. The estate goes to the government only when there are no relatives at all to inherit.

The trap for common-law couples

Here is the part that catches many families: in some provinces, including Ontario, a common-law partner does not automatically inherit anything under the intestacy rules. You can share a home and a life for decades and still be left out of the formula. If you are in a common-law relationship, a valid will is not a nice-to-have. It is the whole ballgame.

The law's formula may not match your family

Intestacy rules follow a fixed order of relatives. They cannot know that you wanted a stepchild included, that you had quietly promised something to a friend, or that one of your children needs more help. Blended families and second relationships are exactly where a formula produces a result nobody intended. Quebec's civil law system has its own scheme again.

Someone still has to do the work

Without a will there is also no named executor. A relative usually has to apply to be appointed before they can deal with anything, which adds time, cost and paperwork to an already hard moment. And they are still left with the same detective work: finding the accounts, the policies, the passwords, with no map to follow.

The two things worth doing

First, a valid will is the foundation, and it is a job for a lawyer or notary in your province. Second, pair it with one document that records where everything lives: accounts, policies, contacts, wishes. That is what The Estate Organiser is for, and the free toolkit below is the place to start.

Related guides

• What Is Probate?
• What Does an Executor Actually Do?

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Educational content only. This is general information, not legal, financial or tax advice. Estate laws vary from province to province. Please speak to a qualified lawyer, notary or adviser about your situation.