4. Learn what happens if you have more than one child
Question & Answer
I’m married. What happens if I die without a will?If you're legally and have 2 or more children, and you die without a will, 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. Then your partner gets one-third of what's left and the rest is split equally between your children.
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 4 children. And your estate is worth $500,000 after all estate debts, taxes, expenses and funeral costs are paid. Your partner gets $350,000 as the preferential share.
This leaves $150,000. Your partner gets one-third of what's left, which is $50,000. This means they get a total of $400,000.
That leaves $100,000, which your children share equally. So each child gets $25,000.
| Value of estate | $500,000 |
| Minus preferential share for partner | – $350,000 |
| What's left | = $150,000 |
| Total amount to partner | $350,000 (preferential share)
+ $50,000 (one-third of what's left) = $400,000 |
| What's left | $500,000 – $400,000
= $100,000 |
| Amount to each of 4 children | $100,000 ÷ 4
= $25,000 |
If any of your children die before you
If any of your children die before you, each child's share is divided equally among their children.
If your child does not have any children, then their share will go to your other children who are alive when you die.
Equalization payment
Your married partner can decide whether to take what they get:
- under the 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.
