I’m married. What happens if I die without a will?
Question & AnswerI’m married. What happens if I die without a will?
2. Learn what happens if you have one child
If you're legally and have one child, and you die without a will, the law says that your gets a “preferential share” of your . In Ontario, this means after all funeral expenses, taxes, and are paid, your spouse gets the first $350,000 of your estate.
So if your estate is worth $350,000 or less, all of it goes to your spouse.
If your estate is worth more than $350,000, after the first $3500,000 goes to your spouse, your spouse and your child each get half of what's left.
If your estate is worth $500,000, your spouse gets the first $350,000 as the preferential share.
That leaves $150,000. Your child and spouse each get half of this, which is $75,000. So, your child gets $75,000. And the total that your spouse gets is $425,000 because it includes the $350,000 preferential share.
|Value of estate||$500,000|
|Minus preferential share for spouse||– $350,000|
|What's left||= $150,000|
|Spouse and child each get half of what's left||$150,000 ÷ 2
|Total amount to spouse|| $350,000 (preferential share)
+ $75,000 (half of what's left)
|Amount to child||$75,000|
If your child dies before you
If your child dies before you, their share is divided equally among their children. If your child doesn't have any children, then their share becomes part of the of your estate.