CanLaw
Legal Forms
This Page Current as of
What If You Die
Without a Will?
Dying Without A Legal Will Causes Major, Expensive, Long Delays & Big Problems For Your Family
All about your Canadian Legal, Last will and Testament,
Legal forms, Estate, beneficiaries.
Order your last will kit
for download
What if you die without making a will
Intestate Succession (simply means you died without making a will. Bloody stupid of you, actually. If you die without a Will, the law says that you have died "intestate," meaning you left no will.
If You Did Not Make a
Last Will and Testament
Here's How Your Estate and Property
Will Be Distributed
Details vary by province or territory but this gives you a good sense of what will happen to your estate.
If you die inestate (did not make a will) generally your property will be distributed by a probate order in this order:
- If you have a legally married spouse, but no children:
Your legally married spouse inherits everything. Common-law spouses do not receive anything if you die without a will. They are left out in the cold.
- If you have a legally married spouse and children:
Your legally married spouse first takes a preferential share ranging from $50.000 to $200,000 worth of assets Amounts vary by province/territory. The remainder is divided between your spouse and your children based on provincial law.
- If you have children, but no legally married spouse:
Your estate will be divided evenly between your children.
- If you no legally married spouse and no children:
Your parents will inherit your entire estate.
- If you have no legally married spouse, no children, and no parents:
Your brothers and sisters divide your estate equally.
- If you have no brothers and sisters:
Your nieces and nephews each inherit an equal portion of your estate.
- If you have no nieces and nephews:
All other next of kin inherit an equal portion of your estate.
- If you have no living next of kin:
Your estate goes to the government.
The information on this CanLaw site is not legal advice or legal aid, it is free legal information. Only a lawyer or paralegal can provide legal advice.
Strangers Could Divide Your Estate
If you die without a Last Will and Testament, there is no "official" legally binding list of your final wishes and instructions as to how your property be divided and distributed. A probate court will have to appoint an executor and estate administrator or trustee to divide your estate for you.
Since you did not make a will saying who gets what after you die, the government and probate court will take over your estate and determine who gets what. Your estate will be charged massive fees for this.
Had you used the CanLaw Will kit for $55.00 you could have prevented all this, since the CanLaw Last Will and Testament is very easy to use and you can create your will in a matter of about 20 minutes. Click here and download a CanLaw Will kit right now and get it done.
You should make a legal will. If you write your will now you will prevent a lot of serious problems which usually lead to huge vicious, expensive fights as your family battles over who gets what. These needless disputes frequently break up families for life. You should create your will. Do it now.
No Will? The Court Will Appoint An Executor
The probate court will have to appoint someone to act as your personal representative generally known as an Executor. An executor is the title for a person or institution appointed by a testator or the probate court to carry out the terms of their will.
If you do not have a will, essentially the court appoints an executor for your estate.
The general rule is that your closest relative has the right to be appointed as your personal representative. The process varies provincially, so your heir will have to seek legal advice and assistance resulting in more expenses and legal fees that you could have avoided by taking about half an hour to make your will.
No Will? Here's How Your Estate Will Be Distributed
- If you have a surviving spouse and children, your spouse will receive the first $200,000.00, and the spouse and children will equally divide the rest of your estate,
- If there are no children, your spouse will be entitled to your entire estate.
- If you leave no spouse or children, then your estate goes to your next of kin, determined by “degrees of consanguinity” (relationship) under the various provincial regulations in your part of Canada.
This is not legal advice or legal aid. It is solid legal information designed to assist you at no charge.
DIE WITHOUT A WILL? Your estate beneficiaries get Expensive Delays
What If You Die Without a Will? Dying Without A Legal Will Causes Major, Expensive, Long Delays & Big Problems For Your Family All about your Canadian Legal, Last will and Testament, legal forms, heirs, beneficiaries.
CERTIFIED CANADIAN LEGAL FORMS FOR OVER 22 YEARS
CanLaw is Canada's #1 provider of Canadian legal Wills, Power of Attorney & Living Wills, Separation Agreements, Pardons, US Waivers, Living Wills, Travel Consent agreements