3. Learn what happens if you have one child
Question & Answer
I’m married. What happens if I die without a will?If you're legally and have one child, and you die without a will, the law says that your partner gets a preferential share of your .
In Ontario, this means after all funeral expenses, taxes, and are paid, your partner gets the first $350,000 of your estate.
So if your estate is worth $350,000 or less, all of it goes to your partner.
If your estate is worth more than $350,000, the first $350,000 goes to your partner. And then your partner and your child each get half of what's left.
If you're from your married partner and you die without a will, different rules apply. See Step 1.
An example
Let's say that you're married with one child. And that your estate is worth $500,000 after all estate debts, taxes, expenses and funeral costs are paid. The give your partner the first $350,000 as the preferential share.
That leaves $150,000. Your child and partner each get half of this, which is $75,000.
Your child gets $75,000. And the total that your partner gets is $425,000 because it includes the $350,000 preferential share.
| Value of estate | $500,000 |
| Minus preferential share for partner | – $350,000 |
| What's left | = $150,000 |
| Partner and child each get half of what's left | $150,000 ÷ 2
= $75,000 |
| Total amount to partner | $350,000 (preferential share)
+ $75,000 (half of what's left) = $425,000 |
| Amount 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 does not have any children, then their share becomes part of the of your estate.
The residue is distributed according to the intestacy rules.
Equalization payment
Your married partner can decide whether to take what they get:
- under the intestacy rules as described above, or
- with an in family law.
The question We’re married. What happens to my partner’s property if they die? explains what an equalization payment is, how it's calculated, and the deadline to make a claim.
Designated beneficiaries
The rules about designated beneficiaries still apply.
