A will is a legal document expressing a deceased person’s last wishes. It details the distribution of the assets when a person dies and confers authority on an appointed person to carry out the last wishes and funeral program of a deceased person without resorting to Ontario Government Provincial Law.

Dying without a will can cause immense problems for a surviving spouse and other loved ones. Here, we detail what happens to an estate when a deceased died intestate (without a will) in Ontario.

Who Takes Care of Your Entire Estate After Death?

In the case of someone dying intestate in Ontario, only blood relatives may apply to the court to be an estate trustee. This can include any of the following whole blood relatives or half blood relatives:

• Surviving married or cohabiting spouse
• Adult children (including legally adopted children)
• Grandchildren
• Great-grandchildren
• Surviving parent/parents
• Brothers and sisters
• Grandparents
• Nieces and nephews

Should disputes arise, a judge can determine who to appoint as estate trustee.

The Succession Law Reform Act and the Family Law Act

A surviving married spouse receives one-half of the deceased person’s net assets, also known as an equalization payment. They can also inhabit and possess the matrimonial home rent-free for 60 days after the death of their loved one.

However, The Succession Law Reform Act provides for all spouses, including legally married and common-law spouses of a person dying intestate, granting them the whole of the deceased person's estate if it is worth less than $200,000.

If the estate is worth more than $200,000, the spouse and children share the balance of the estate as follows:

• A spouse and one child share the balance of the estate equally.
• For a spouse and more than one child, the spouse inherits a third of the estate balance, and the children share the remaining two-thirds equally.
• A deceased child who passed on before his/her parent and was entitled to a share of the deceased parent’s estate has his/her share divided equally among any surviving children.

What Rights Does a Common Law Spouse Have to the Deceased’s Entire Estate?

The legally married surviving spouse is the leading authority on making arrangements for the funeral for persons who die without a will. However, if the deceased had a common-law spouse while still formally married to another, the law considers the deceased as having two spouses.

One of the spouses should renounce their duties. A legal professional should help you determine what to do next about funeral arrangements and how the surviving kin should inherit the estate.

Get Help with the Funeral If Your Spouse Dies Intestate in Ontario

When you die without a valid will in Ontario, it can cause immense stress for surviving relatives and cause confusion about what your kin inherit.

If you need advice on the cremation of a deceased loved one and the expenses involved, contact the knowledgeable, caring, and friendly staff at Ajax Crematorium and Visitation Centre.  Call 289-372-3300 to speak to one of our team.