5. Learn what happens if you have other dependants
Question and answer
I’m not legally married. What happens if I die without a will?A is a person who:
- you were supporting financially before you died, or
- the law says you must support.
A dependant can be your:
- or partner
- married partner you're from
- divorced partner
- child, stepchild, or grandchild, or someone you treated as your child, except a foster child
- parent or grandparent
- brother, sister, or any sibling
Besides dependent children, you may have other dependents. For example, you may have been supporting:
- a common-law partner who did not work outside the home
- a stepchild with their tuition fees
- a sibling who has a disability and cannot work outside the home
- a parent
A grandchild, grandparent, or divorced partner can also be a dependent, if you supported them financially before you died or the law says you have to. If you die without a will, the might give nothing to these other dependants.
Dependant’s support claim
Ontario law says that you must financially support your dependants if you can. So dependants who get nothing under the intestacy rules might be able to go to court and make a claim for a share of your . This is called making a dependant's support claim.
But this type of claim can be costly and very hard to prove. If you want dependents who are not your children to get some of your property after you die, you should make a will.
Designated beneficiaries
The rules explained in Step 1 about designated beneficiaries still apply.