Dying without a will—known legally as dying intestate—can create confusion, delays, and unintended consequences for your loved ones. In Ontario, the Succession Law Reform Act (SLRA) governs how estates are distributed in the absence of a will. While this legal framework aims to be fair, it may not reflect your family’s unique circumstances or your personal wishes. Here's what you need to know.
In Ontario, intestacy occurs when a person passes away without a valid will. This means their estate is divided based on a legal formula, not personal preferences. Additionally, without an executor named in a will, someone must apply to the court to be appointed as an Estate Trustee Without a Will, adding time and complexity to the process.
Here’s how assets are typically distributed under Ontario's SLRA:
The legally married spouse inherits the entire estate.
The spouse receives a preferential share of $350,000, with the remainder split equally between the spouse and the child.
The spouse still receives the first $350,000, then gets one-third of the remaining estate, with the other two-thirds divided equally among the children.
⚠️ Common-law partners are not entitled to inherit under Ontario intestacy laws. They may need to apply as dependants to claim a share of the estate.
The estate goes to:
Parents
Siblings
Nieces and nephews
More distant relatives
If no relatives can be found, the estate escheats to the Crown (provincial government).
Dying without a will can cause:
Legal disputes between family members
Delays and increased costs due to court applications
Exclusion of common-law partners or stepchildren
Unintended tax liabilities or missed planning opportunities
Stress and uncertainty for loved ones
At Ahmad Law, we offer compassionate and experienced guidance to clients across Ontario dealing with intestacy. We help:
Apply for Estate Trustee Without a Will
Determine rightful beneficiaries under Ontario law
Advise common-law spouses and dependants
Assist with estate distribution and court filings
Our team also assists clients with wills and estate planning to prevent intestacy and ensure your wishes are clearly documented.
The best way to avoid the pitfalls of intestacy is to prepare a valid will. Doing so gives you control over who inherits your assets, who manages your estate, and how your children are cared for. Our team can guide you through the process with clarity and care.
Need Help With Intestacy or Will Planning in Ontario?
Reach out to Ahmad Law today for a confidential consultation.
📞 647-483-8820
📩 info@ahmadlaw.ca
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