1. Learn what happens to your property
Question & Answer
What is a will and what happens if I die without making one?If you die without a will, Ontario law has rules about what happens to the property in your . These are called the .
The intestacy rules say that only the following people have a right to your property:
- a legally partner, and
- biological and adopted children.
If you're from your married partner, different rules apply.
The intestacy rules leave nothing to:
- a partner
- a stepchild you have not legally adopted
- a charity or organization that you support
The table below explains what happens to your property in different situations when you die without a will in Ontario.
| Are you legally married? | Do you have children? | What the intestacy rules say |
| Yes | No | Your estate goes to your married partner.
If you're separated from your married partner, there are rules about whether or not your estate goes to them. But if you have divorced them, they get nothing. |
| Yes | Yes | If your estate is worth less than $350,000, your married partner gets everything. If your estate is worth more than $350,000, your married partner gets the first $350,000. The rest is divided between your married partner and children. For people who died without a will before March 1, 2021, these amounts are $200,000. If you're separated from your married partner, there are rules about whether or not they get their share of your estate. If you have divorced your partner, they get nothing. Your children share your estate equally. |
| No | Yes | Your children share your estate equally. |
| No | No | Your estate goes to your closest living relatives based on a certain order.
If you have no relatives, your estate goes to the Government of Ontario. |
Separated partners
The intestacy rules used to treat married partners the same whether they were together or separated. They could get their share of the surviving partner's estate.
This changed on January 1, 2022. Since then, if you're married, your partner gets nothing from your estate if one of the following is true:
- You separated on or after January 1, 2022. And you had been separated for at least 3 years, and were still separated before you died.
- You're separated. And you got a separation agreement, arbitration agreement, or court order that resolves all your family law issues on January 1, 2022, or later.
But there are other claims a married partner may be able to make. See I’m married. What happens if I die without a will.
Common-law partners and stepchildren
The intestacy rules do not give anything to:
- a common-law partner
- a stepchild who's not legally adopted
But your partner or stepchild might be able to go to court and make a dependant’s support claim against your estate.
A dependant is someone you were supporting financially before you died or who the law says you must support.
If you make a will
You need to have a will if you want to leave property to someone who's not your married partner, or a biological or adopted child. For example, you should make a will if you want to leave property to:
- a common-law partner
- a stepchild
- other family members like a grandchild, niece, or nephew
- a friend or neighbour
- organizations, such as a charity
