What Happens When You Die Without A Will in Ontario?

Published by:
David Johnson

Reviewed by:
Alistair Vigier
Last Modified: 2023-06-02
Dying without a will in Ontario can have significant consequences for the distribution of your assets. The laws of the province in which you reside will determine the distribution of your estate in the event of intestacy, the legal term for dying without a will.
Typically, the first priority for distribution is given to the spouse and children of the deceased. However, if the deceased were unmarried and had no children, the assets may go to their parents, siblings, or other relatives. This process can lead to assets being distributed to individuals that the deceased may not have wanted or preferred, such as a distant relative, rather than a close friend or charitable organization.
Not having a will in place can also create uncertainty and potential disputes among loved ones over the distribution of assets. In the absence of clear instructions, family members or potential beneficiaries may disagree on how assets should be divided. In extreme cases, where the deceased has no close relatives, their assets may even go to the government.
Distributed according to their wishes
Having a will in place helps ensure that a person’s assets are distributed according to their wishes, providing clarity and avoiding potential disputes. All individuals, regardless of age or wealth, are advised to create a will to provide clear instructions for the distribution of their assets after death.
Creating a will can be done by consulting with a lawyer or by using online will-making services (like Axess Law), both of which can provide guidance on the process and ensure that your will meets all legal requirements. Take control of your estate and ensure that your assets are distributed according to your wishes by creating a will today.
Die Without A Will
Susie was 36 when she caught the flu. She never thought about what happens when you die without a will.
Her fever raging and gasping for air, she had a friend drive her to a medical clinic late one evening.
From there, it was a quick trip to a hospital ICU. Within days, she was gone, one of nearly 100 Canadians who died of flu that year. A worldwide pandemic in 2009 killed over 203,000 people.
Every adult has a will. Don’t they?
When Susie’s family searched her condo and safety deposit box, they came up empty-handed. Why would she bother? She didn’t expect to die so soon.
Like eight percent of Canadians, Susie simply didn’t want to think about it. She was too young to worry, or so she thought and didn’t really have any assets.
Except for her late model car, furniture she was buying on a monthly financing plan, condo with 15 years left on the mortgage, employee pension, RRSP, gold jewelry, personal papers, two-year-old Chihuahua, Miguel, and sponsored child, Luis in Bolivia.
Besides. she was saving her money for an impressive set of designer cookware. As time would tell, most of her excuses were misplaced. In fact, dying without a will would create many headaches and delays for her family in the days and months to come.
Susie joined the 54 percent of Ontarians surveyed in 2018 who have not planned ahead. With no valid will, the Ontario government stepped in.
Ontario Succession Law Reform Act
Her property was deemed “intestate” and divided using the Ontario Succession Law Reform Act. Only blood relatives or legally adopted children could inherit.
Susie wasn’t married, but if she had been her spouse would have received the first $200,000 or could have opted for 50 percent of her net family property. If he thought to file a claim.
That might have changed if they had a dependent child, either a minor or an adult. A lawyer would have advised her family what to do. Anything left over could have been shared between her spouse and children or grandchildren if she had any.
Their share would have been based on rules in the Succession Law Reform Act.
Die Without A Will
Since Susie died without a spouse, children or grandchildren, her parents inherited them. Her mom and dad shared the estate equally. Susie had one brother and two sisters, all still alive.
They would have inherited if her parents had died before her. Or if all of her other family was deceased before her estate could be distributed, Susie’s nieces and nephews would have been in line.
The rules would have been even more complex if Susie had no close family members. In that case, distant relatives like cousins could have been eligible. Fortunately, a ClearWay Law lawyer was available to explain the rules.
Susie’s friends never did share in her precious mementos. Her family simply didn’t know what her final wishes were.
Don’t die without a will. With so many things to consider, contact a lawyer in Ontario.
Who inherits when there is no will?
When a person passes away without leaving a will in Ontario, the province’s laws govern the distribution of their assets. This is referred to as “intestacy.”
According to Ontario’s intestacy laws, the deceased person’s assets will first be given to their spouse and children, if they have any. If they were not married and had no children, the assets will be distributed to their parents, and if they too have passed away, to their siblings. In the event that the deceased had no close relatives, their assets will be given to the government.
It is important to note that if a person dies without a will, their assets may not be distributed in accordance with their desires. Furthermore, the process of distributing assets through intestacy can be both time-consuming and costly, as it involves navigating the court system.
Having a will in place can ensure that a person’s assets are distributed according to their wishes and can prevent potential disputes among loved ones. It is recommended that all individuals create a will, regardless of their age or financial status, to provide clear instructions for the distribution of their assets after death.
What is the order of next of kin in Ontario?
When a person passes away without a will in Ontario, the laws of intestacy dictate the distribution of their assets. The order of next of kin is established as follows:
The surviving spouse, if the deceased was married.
When there is no surviving spouse, the assets are passed to the deceased’s children.
If there are no surviving spouses or children, the assets are passed to the deceased’s parents.
If there are no surviving spouses, children, or parents, the assets are passed to the deceased’s siblings.
When there are no surviving relatives, the assets go to the government.
It’s worth noting that this order of next of kin is the default under Ontario’s intestacy laws, but it can be altered by a valid will. By creating a will, individuals can ensure that their assets are distributed according to their wishes after they pass away.
You can find a lawyer in Ontario using our directory.
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