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Ontario|Wills & EstatesWills 150 What happens if you die without a Will? If you die without a will, the law says that you have died "intestate", which means that you left no instructions as to how your property is to be divided and distributed. Because something has to be done with your property, the law sets out a scheme for distributing your property to your surviving relatives.
- How your property will be distributed
The following is a brief overview of how your property will be divided and distributed if you die without a will. If you have a spouse, but no children, your spouse inherits everything. This only applies to legally married spouses. Common law spouses do not automatically receive anything if you die without a will. If you have a spouse and children, your spouse takes the first $200,000 worth of assets. If anything is left over, it is divided between your spouse and your children. If you have children, but no spouse, then the children each inherit an equal portion of your estate. If you have no spouse and no children, your parents inherit your entire estate. If you have no spouse, no children, and no parents, your brothers and sisters divide your estate. If you also have no brothers and sisters, then your nieces and nephews each inherit an equal portion of your estate. If you have no nieces and nephews, then any other next of kin inherit an equal portion of your estate. If you have no living next of kin, then your estate goes to the Ontario government.
- Problems associated with dying without a Will
Dying without a will can create problems for those you leave behind. First, your property will be divided according to the law, which may not be the same as how you would have divided it. Second, there will be extra time delays and expenses involved in wrapping up your affairs, and the court will have to appoint someone to act as your personal representative. The general rule is that your closest relative has the right to be appointed as your personal representative. They are appointed by applying to the court for a Certificate of Appointment of Estate Trustee Without a Will.
Dying without a will can be a complicated process. If someone close to you has died without a will, you should consult a lawyer for more information.
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