What happens if you die without a Will In Ontario? (Intestate)
You died “intestate,” which implies that you failed to designate how your possessions should be split and dispersed.
Your property and other possession will be distributed according to the intestacy laws if you die without a will in Ontario, Canada. This implies that your assets will be shared among your spouse and family members in a defined order set by law. If you don’t have a spouse or children, your parents or other close relatives might inherit from you under the intestacy rules.
It might be challenging to die without a will in Ontario. Your assets would be handled under intestate succession, which removes your choice-making power…
A will is an essential legal document laying out how a person’s assets will be distributed after death. Without a choice, the intestacy laws of the province where the person died would apply, which means that the estate would pass to their next of kin according to strict rules set by statute. A 2018 study found that over 51% of Canadians don’t have a will, so it’s not uncommon for people to die without one.
Without a last will, What Happens When You Die in Ontario?
If you die without a will in Ontario, it’s as if you’ve died “intestate.” This means that authority is given to the state instead of your loved ones having the power to decide your estate. In cases where someone dies intestate, Ontario’s Succession Law Reform Act decides how the estate will be distributed.
Who will inherit your possessions if you die without writing a will in Ontario?
The following are the specific guidelines for how assets will be distributed:
- The spouse usually receives the first $200,000 unless someone financially dependent on the deceased person makes a claim; if that happens, lawyers become involved (and expenses can start adding up quickly).
- Those heirloom rings you wanted to offer to your granddaughter or that family home you wished to hand down to your nephew and his new family will not be given to them, as you do not have a will that states those wishes expressly. According to specific regulations, anything valued at more than $200,000 is shared equally between the spouse and any descendants (that is, children and grandchildren).
- If there is no spouse, the situation gets a little more complicated. The inheritance then goes to the nearest living relative. If someone dies unmarried and without children, their parents get the money. If none of the deceased’s siblings are still alive, nieces and nephews will inherit next.
- The list goes on to more distant blood relatives. It’s essential to distinguish that blood relatives do not include common-law spouses, best friends, or un-adopted stepchildren; this means they won’t be eligible for an inheritance. The entire estate becomes the property of the Ontario government if no relative can be found.
Who gets what: How your property will be distributed
When you die without a Will, the law says that your possessions will be shared out as follows:
· If you’re married with no kids:
Everything is passed on to your spouse. This only applies to married couples who have a Will in place. If you die without a Will, common-law spouses do not receive anything automatically.
· If you’re married and have kids:
Your spouse is first in line for a preferential share. The residue is the portion of an estate that remains after all debts have been paid. If anything remains, it is shared equally between your spouse and children.
If you have one child, they will receive half of the residual estate, and your spouse will receive the other half. Having more than one child, your spouse will receive one-third of the estate, while the children will share the remaining two-thirds equally.
· You have children, but you are not married:
They will inherit an equal portion of your estate if you have children. If any of one dies, that child’s descendants (i.e., the deceased person’s grandchildren) will inherit their share.
· If you’re single and don’t have kids:
Your parents will automatically inherit your estate if you don’t have a will.
· If you live alone and have no family:
Upon your death, your estate and property will be divided among your siblings (their children or any siblings who passed away).
· Don’t have any brothers or sisters:
Your nieces and nephews will each receive an equal share of your inheritance.
· If you don’t have any nieces or nephews:
All other next of kin receive an equal share of your assets.
· If you have no living relatives:
The Ontario government decides who gets your estate if you die without a will.
What difficulties arise when someone dies intestate (without making a will)?
If you pass away without a Will, your possessions will be distributed legally, which might not reflect how you would have liked them to be given.
Second, you will experience extra time delays and expenses when concluding your affairs. The court will appoint someone as your representative. Usually, your closest relative has the right to be assigned your representative.
