I’m married. What happens if I die without a will?
If you die without a will, Ontario law has rules about what happens to the property in your . These are called the .
Your estate is the property you own when you die.
If you're and you die without a will, the intestacy rules say only the following people have a right to get your property:
- a legally married partner, and
- your biological and adopted children.
They get whatever is left, after all funeral expenses, taxes, and are paid.
If you do not have a married partner or children, then your property goes to your other relatives based on a certain order.
If you're from your married partner when you die without a will, they may or may not get property from your estate. It depends on:
- when you separated
- how long you were separated
- if you have a legal document resolving your family law issues
See Step 1 for more information on what married but separated partners get under the intestacy laws.
If you're divorced from your partner and you die without a will, they get nothing from your estate.
The intestacy rules give nothing to a partner, or stepchildren you have not legally adopted.
Designated beneficiary
If you named someone as a of an insurance policy, pension, or other investment, they get that property when you die without a will. It usually is not part of your estate.
They get it even if your family situation has changed since you named them designated beneficiary. For example, you may have named your partner as your designated beneficiary on your pension. If you're now separated from or have divorced them, they still get this money.
If you do not want this to happen, you have to change your designated beneficiary.
Estate Trustee
The person who deals with your estate after you die is called an . They are also called executors, estate representatives, personal representatives, estate administrators, or liquidators.
If you die without a will, someone may have to apply to the court to become your estate trustee.
This process can cost a lot and take a long time.
Once the court approves an estate trustee, the estate trustee distributes the property in your estate according to the intestacy rules.
Get legal help
An estates lawyer can explain what happens to your property if you die without a will.
They can also help you make a will.