I’m not legally married. What happens if I die without a will?
If you die without a will, Ontario law has rules about who gets the property in your . They are called the .
These rules say if you die without a will and you're not legally , your property is divided equally between all your biological and legally adopted children.
They get whatever is left after all funeral expenses, taxes, and are paid.
If you do not have children, your closest living relatives get your property based on a certain order. See Step 4 for more.
If you have no living relatives, including very distant relatives, your estate goes to the Government of Ontario.
The intestacy rules give nothing to:
- a partner
- stepchildren you have not legally adopted
But if they were your dependants when you died, they might be able to go to court and make a claim for property from your estate. This is complicated and can be hard to prove.
A is a person who:
- you were supporting financially before you died, or
- the law says you must support.
A dependant can only be your:
- married or common-law partner
- married partner you're from
- divorced partner child, stepchild, grandchild, or
- someone you treated as your child, except a foster child
- parent or grandparent
- brother, sister, or any sibling
The intestacy rules also give nothing to a charity or organization you support.
Estate Trustee
The person who deals with your estate after you die is called an . They are also called executors, estate representatives, or estate administrators.
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 of money and take a lot of time.
Get legal help
You can make a will yourself, but it's usually a good idea to talk to an estates lawyer before making one.
A lawyer can make sure you follow all the rules for making a will and help you make an that meets your needs. Read What do I need to think about when making a will? for more information.