intestacy rules

Intestacy rules are the legal rules that say what happens to a person’s estate if they die without a will.

In Ontario, the intestacy rules say that after all debts are paid, married partners get a share of their estate. Children may also get a share. If there’s no married partner or child, other relatives may get a share.

Whether separated married partners get a share depends on:

• when they separated
• how long they’re separated
• if they have a legal document resolving all their family law issues

The intestacy rules give nothing to common-law partners.