When a person dies without a valid will, Ontario law-not the deceased's unwritten wishes-governs the distribution of the estate.
The starting point
Dying without a will is often called dying intestate. The Succession Law Reform Act sets the order in which eligible relatives may inherit. The result depends on the family structure at the date of death and can be affected by the legal definition of spouse and other statutory rules.
What to be careful about
Someone may also need authority to administer the estate. A court application may be required depending on the assets and institutions involved. The person who ultimately acts as estate trustee has responsibilities relating to assets, debts, taxes, beneficiaries and distributions.
How a lawyer can assess the issue
Do not distribute estate assets simply because family members agree informally. First identify the assets, debts, potential claims, beneficiaries and whether court authority is needed.
Current Ontario context
Because intestacy outcomes are highly fact-specific, this guide intentionally does not publish a simplified percentage chart. Current legislation and the family's circumstances should be reviewed before a distribution is calculated.
Before a consultation
Bring the documents that control the issue and a short chronology of important dates. Avoid sending original documents or unnecessary sensitive information through a general website form.