What Happens If You Die Without a Will?

It’s not a fun topic to think about, but it’s an important one. Dying without a will (called dying “intestate”) can create confusion, delay, and conflict at exactly the worst time.

And to clear up the biggest myth right away:

If you die without a will, the government doesn’t automatically “take everything.”
But the government does decide who gets what, and who is put in charge of administering your estate. That can cause major complications.

Here’s what generally happens across Canada.

1) Someone has to apply to be in charge of your estate

If you have a will, you typically name an executor. Without a will, there is no executor, so someone (often a spouse or close family member) must apply to the court to become the estate administrator.

That means:

• Extra paperwork;
• Longer wait times before the estate can be properly managed;
• additional legal fees; and
• in some cases, disputes over who gets the job.

If multiple people want the role, or if the default person lacks the ability/skills to do the work, it can quickly become messy.

2) Your estate is distributed according to provincial/territorial rules

Each province and territory has laws that set out:

• who inherits;
• in what amounts; and
• who gets priority.

The exact percentages vary, but the general structure across Canada is usually something like this:

If you have a spouse

In many places, your spouse receives:

• a preferential share (a set amount off the top), and then
• the remainder is split between the spouse and children (if any)

Important: Common-law spouses are not treated the same in every province/territory. In some jurisdictions, a common-law partner may not inherit automatically without a will, depending on the local statute and the relationship circumstances.

If you have children

Children sometimes receive a benefit from the estate after a spousal entitlement is accounted for, but not always. Especially, in a blended family, this can result in children from a past relationship receiving no inheritance from their parent.

If you have no spouse and no children

Your estate generally flows “up and out” through family lines via the “table of consanguinity”, being:

• parents;
• siblings;
• nieces/nephews;
• more distant relatives.

If absolutely no eligible relatives exist, then yes — the estate may eventually go to the Crown. But this is rare.

3) Minor children create a big legal problem

If you die without a will and you have minor children, two big issues arise:

(a) Guardianship

A will is usually where parents express their wishes for guardianship. Without one, guardianship decisions may require court involvement and can lead to conflict between family members.

(b) Inheritance

Minors can’t legally manage inherited money, so:

• the inheritance is typically held in trust or paid into court, and
• is managed under strict rules until the child reaches the age of majority

This often results in:

• delays;
• extra legal complexity;
• less flexibility; and
• a risk of a child inheriting a large amount at an age where they still lack maturity.

4) Your loved ones may face more delay, cost, and stress

Without a will:

• financial institutions are more cautious;
• third parties demand court paperwork;
• the administrator may need to post a bond; and
• family conflict is more likely.

In other words, the process can become slower and more expensive - not because anyone is doing something wrong, but because the system is built to require more court oversight when there is no will.

The bottom line

A will doesn’t just distribute money.

It appoints decision-makers, reduces uncertainty, and makes life easier for your family.

If you die without one, your family can still get through it, but the process will usually be more rigid, more expensive, slower, and more stressful. Please give your family the gift of a will.

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Talon Regent, BBA, JD

Lawyer

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