Many people assume a will is something to think about “later” — once they own a home, get married, or have children. In reality, if you’re an adult in Ontario, you already have an estate, even if it’s modest: a bank account, a car, personal belongings, a pension, or digital accounts. And without a will, you don’t get to decide what happens to any of it.
This article explains what happens if you die without a will in Ontario, why it matters even for young or unmarried adults, and what steps you can take now to protect yourself and the people you care about.
Why This Issue Matters
If you die without a valid will, Ontario’s Succession Law Reform Act (SLRA) decides who inherits your estate, in a fixed order set out by law. It doesn’t matter what you would have wanted, who you were closest to, or who you intended to help — the legislation applies the same formula to everyone. For many people, that formula produces a result they would not have chosen.
Key Points to Understand
Dying without a will means the government’s default rules apply, not your wishes. This is called dying “intestate.” The SLRA sets out a strict hierarchy: spouse, then children, then parents, then siblings, and so on. If you have specific people, causes, or organizations you want to provide for, a will is the only way to make sure that happens.
A married spouse does not automatically inherit everything. If you have children, your married spouse’s entitlement depends on the size of your estate. If the net value of your estate is at or below the “preferential share” — currently $350,000 for deaths on or after March 1, 2021 — your spouse inherits the entire estate. If your estate’s net value is more than $350,000, your spouse receives the $350,000 preferential share first. The remainder is then split: your spouse gets one-half of it if you have one child, or one-third if you have two or more children, with your children dividing the rest. Many people are surprised that a surviving spouse’s share can be significantly reduced once an estate exceeds this threshold and there is more than one child.
Common-law partners have no automatic inheritance rights in Ontario, regardless of how long you’ve been together. Under the SLRA, only a legally married spouse is entitled to inherit under the intestacy rules. If you are in a common-law relationship and something happens to you without a will, your partner may have to make a separate legal claim for support — with no guarantee of the outcome — rather than simply inheriting as a spouse would.
You lose the ability to choose who manages your estate. With a will, you name an executor you trust to carry out your wishes. Without one, the court appoints an “estate trustee without a will,” and the person appointed may not be who you would have chosen. This process can also take longer and may require the appointed person to post a bond, adding cost and delay for your family.
If you have minor children, you lose the ability to name a guardian. A will lets you formally state who you want to care for your children if something happens to you. Without a will, this decision may end up before the court, without your input.
A will can also address things that matter beyond money — sentimental items, digital assets and accounts, and instructions about your wishes — reducing the chances of confusion or disputes among the people you leave behind.
Common Mistakes and Misconceptions
- “I don’t have enough assets to need a will.” A will isn’t only about wealth — it’s about control, clarity, and reducing stress for the people you leave behind, no matter the size of your estate.
- “My spouse will automatically get everything.” As explained above, this is only true in limited circumstances (generally, no surviving children). Otherwise, the estate is split according to a formula.
- “My common-law partner is protected the same way a spouse would be.” This is one of the most common and consequential misconceptions in Ontario estate law. Common-law partners are not automatically entitled to inherit.
- “A handwritten note is good enough.” Ontario law does recognize certain handwritten (“holograph”) wills, but they can be challenged more easily and often create confusion about a person’s true intentions. A properly drafted and executed will reduces the risk of disputes.
- “I made a will years ago, so I’m covered.” Wills should be reviewed after major life changes — marriage, separation, divorce, children, new property, or a significant change in assets — since some of these events can affect the validity or effect of an existing will.
Practical Next Steps
- Take stock of what you have. This includes bank accounts, investments, property, insurance policies, and digital assets.
- Think about who you would want to receive what, and who you would trust to act as your executor.
- If you have children, think about who you would want to act as their guardian.
- Consider pairing your will with Powers of Attorney for property and personal care, so someone you trust can act on your behalf if you’re ever unable to make decisions yourself — this is a separate but related layer of protection.
- Speak with a lawyer to have your will properly drafted and executed, rather than relying on templates or handwritten notes, to reduce the risk of it being challenged or misinterpreted later.
When to Speak With a Lawyer
It’s worth speaking with a wills and estates lawyer if:
- you don’t currently have a will, regardless of your age or the size of your estate;
- you’re in a common-law relationship and want to make sure your partner is protected;
- you have children and want to name a guardian;
- your last will was made years ago, or before a major life change; or
- you want to understand how your assets would be distributed if something happened to you today.
How We Can Help
Everyone’s estate — no matter how modest — deserves a clear plan. Learn more about our Wills & Estates services, or book a consultation to get started on your will.
This article is provided for general information purposes only and does not constitute legal advice. Every situation is unique, and the information above may not apply to your specific circumstances. Please contact a lawyer to discuss your particular situation before making any decisions.
FAQ
What happens if I die without a will in Ontario?
Your estate is distributed according to the Succession Law Reform Act‘s intestacy rules, which follow a fixed hierarchy starting with a married spouse and children, rather than according to your personal wishes.
Does my spouse automatically get everything if I die without a will?
Yes, if you have no surviving children. If you have children, it depends on your estate’s net value: if it’s at or below $350,000, your spouse still gets everything; if it’s above $350,000, your spouse receives the first $350,000 (the “preferential share”), and the remainder is then split — one-half to your spouse if you have one child, or one-third if you have two or more children, with your children sharing the rest.
Do common-law partners inherit automatically if there’s no will?
No. Under Ontario’s intestacy rules, only a legally married spouse is entitled to inherit automatically. A common-law partner would need to pursue a separate legal claim, with no guaranteed outcome.
Is a handwritten will valid in Ontario?
Ontario law does recognize certain fully handwritten (“holograph”) wills, but they are more vulnerable to challenge and can create ambiguity about your intentions. A lawyer-drafted, properly executed will is strongly recommended.
Do I need a will if I don’t own a home or have children?
Yes. A will covers more than real estate — bank accounts, personal belongings, digital assets, and how those are distributed. It also lets you name an executor and avoid unnecessary delay or cost for your loved ones.
