Dying Without a Will Calculator
Calculate how your estate would be distributed if you die without a will (intestate) in Canada. See exactly who inherits based on provincial intestacy laws and your family situation.
tl;dr
If you die without a will, your province's intestacy law decides who inherits, and the result is often not what you would have chosen. How the estate is split between a spouse and children differs a lot from province to province, and so does whether a common-law partner gets anything. Stepchildren you never legally adopted inherit nothing, and with no eligible relatives the estate goes to the province. Choose your province and family situation to see who would get what.
Estate Distribution
$500,000 • Ontario • 3 beneficiaries
How this was calculated
Ontario Rules
• Spouse's first share: $350K
• Who counts as a spouse: Married spouses only
Succession Law Reform Act, R.S.O. 1990, c. S.26, ss. 44–47; O. Reg. 54/95
Calculation
• The spouse first takes the preferential share of $350,000: $350,000.
• The rest, $150,000, is split: 1/3 to the spouse ($50,000), 2/3 to the children.
Your Situation
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Why a Will Matters
Without a will, a formula in provincial law decides who inherits, and it doesn't know your family. It can leave an unmarried partner with nothing, split an estate between a spouse and young children in a way that forces the family home to be sold, hold a child's share until they reach the age of majority, and leave out stepchildren, friends and charities entirely. A will replaces the formula with your choices — and names the person who carries them out.
How Intestate Shares Are Worked Out
Every province and territory follows the same order, with its own amounts and fractions (see the table below).
- 1. First, decide who counts as a spouse. Married spouses always do; an unmarried partner only where the province's rules allow.
- 2. With a spouse and no children, the spouse inherits everything — except in Quebec, where the spouse shares with the deceased's parents or siblings.
- 3. With a spouse and children, the spouse takes a first share, then a fraction of the rest, and the children share what's left. The first share is a set amount in most provinces, the marital property in New Brunswick, and the whole estate in Alberta, Saskatchewan and Manitoba when every child is also the spouse's.
- 4. With no spouse, the children share equally. With no children either, the estate goes to parents, then siblings, then more distant relatives.
- 5. Only if there are no living relatives at all does the estate go to the government.
Intestacy Rules by Province and Territory
| Jurisdiction | Who counts as a spouse | Spouse and children |
|---|---|---|
| Ontario | Married spouses only | The spouse receives the first $350,000, then 1/2 of the rest with one child or 1/3 with two or more. |
| British Columbia | Married, or together 2+ years | The spouse receives the first $300,000 ($150,000 if any child isn't the spouse's), then 1/2 of the rest. |
| Alberta | Married, or together 3+ years, with a child together or with an adult interdependent partner agreement | If every child is also the spouse's, the spouse receives everything. Otherwise the spouse receives the greater of $150,000 or 1/2 of the estate, and the children share the rest. |
| Quebec | Married, or in a parental union | No preferential share. The spouse receives 1/3 of the estate and the children share 2/3. |
| Saskatchewan | Married, or together 2+ years | If every child is also the spouse's, the spouse receives everything. Otherwise the spouse receives the greater of $200,000 or 1/2 of the estate, then 1/2 of the rest with one child or 1/3 with two or more. |
| Manitoba | Married, or together 3+ years, together 1+ year with a child together or with a registered common-law relationship | If every child is also the spouse's, the spouse receives everything. Otherwise the spouse receives the greater of $50,000 or 1/2 of the estate, then 1/2 of the rest. |
| Nova Scotia | Married, or with a registered domestic partnership | The spouse receives the first $50,000, then 1/2 of the rest with one child or 1/3 with two or more. |
| New Brunswick | Married spouses only | The spouse first receives the deceased's marital property, then 1/2 of the rest with one child or 1/3 with two or more. |
| Prince Edward Island | Married, or together 3+ years or with a child together | No preferential share. The spouse receives 1/2 of the estate with one child or 1/3 with two or more. |
| Newfoundland and Labrador | Married spouses only | No preferential share. The spouse receives 1/2 of the estate with one child or 1/3 with two or more. |
| Yukon | Married spouses only | The spouse receives the first $75,000, then 1/2 of the rest with one child or 1/3 with two or more. |
| Northwest Territories | Married, or together 2+ years or with a child together | The spouse receives the first $100,000, then 1/2 of the rest with one child or 1/3 with two or more. |
| Nunavut | Married, or together 2+ years or with a child together | The spouse receives the first $50,000, then 1/2 of the rest with one child or 1/3 with two or more. |
Status Indians ordinarily resident on reserve fall under the federal Indian Act instead. The calculator above covers both.
Common Questions
What does 'dying intestate' mean?
Dying intestate means dying without a valid will. When this happens, provincial intestacy laws determine how your estate is distributed among your surviving family members. Each province has different rules, and the distribution may not match what you would have wanted.
Does my common-law partner automatically inherit if I die without a will?
No — it depends entirely on your province. In Ontario, Quebec (outside a parental union), Nova Scotia (unless registered), New Brunswick, Newfoundland and Labrador and Yukon, living together, however long, never makes your partner an heir. Elsewhere a partner qualifies after 2 to 3 years together, and in some provinces sooner if you have a child together. If your partner doesn't qualify, they receive nothing without a will.
What is a 'preferential share' in intestacy law?
A preferential share is the first portion of the estate that goes to the surviving spouse before the children share anything. In Ontario, the spouse receives the first $350,000, then 1/2 of the rest with one child or 1/3 with two or more. Flat preferential shares run from $50,000 to $350,000; Quebec, Prince Edward Island and Newfoundland and Labrador have none.
What happens to my estate if I have no family at all?
With no spouse or children, your estate goes to your parents, then your siblings, then nieces and nephews and more distant relatives. Only if you have no living relatives at all does it 'escheat' to the provincial government. With a will, you could instead leave your assets to friends, charities, or causes you care about.
Do stepchildren inherit if I die without a will?
No, stepchildren do NOT inherit under intestacy laws unless you legally adopted them. Only biological children and legally adopted children are considered 'children' for inheritance purposes. If you want stepchildren to inherit, you MUST create a will that specifically names them as beneficiaries.
How are my assets divided between my spouse and children?
It varies more than most people expect. In most provinces the spouse receives a preferential share, then a fraction of the rest. In Alberta, Saskatchewan and Manitoba, the spouse receives everything when every child is also theirs. In Quebec there is no preferential share: the spouse receives 1/3 of the estate and the children share 2/3. Children from another relationship can shrink the spouse's share. Pick your province in the calculator to see the exact split.
What if my estate is smaller than the preferential share?
Then your spouse receives everything and your children receive nothing. For example, in Ontario an estate worth less than $350,000 goes entirely to the spouse, whatever the number of children.
How long does intestate succession take in Canada?
Intestate estates usually take longer to settle than estates with a will. The process involves appointing an administrator (since there's no executor named), proving family relationships, locating all heirs, obtaining court approval for distributions, and resolving any disputes. This delay can create financial hardship for your surviving family members.
Can I contest an intestate distribution?
Yes, but it's difficult and expensive. Family members can challenge intestate distributions by claiming they were dependants who should receive support, or by arguing common-law status. These court battles are costly and slow. A clear, well-drafted will prevents these disputes entirely.
Why should I create a will if intestacy laws already distribute my estate?
Intestacy laws use a one-size-fits-all approach that may not match your wishes. They don't account for family dynamics, special needs, estranged relatives, or your personal values. A will lets you choose your beneficiaries, appoint guardians for minor children, select an executor you trust, minimize taxes, support charities, and avoid family conflicts. It's YOUR legacy—you should decide, not the government.
What to Do Next
- ✓Make a will — and review it after a marriage, separation, new partner or new child.
- ✓If you live common-law, check whether your partner would inherit where you live. If not, a will is their only protection.
- ✓Name guardians for minor children in your will.
- ✓Check the beneficiaries on your RRSPs, RRIFs, TFSAs and life insurance — they pass outside your will.
- ✓Appoint powers of attorney for property and personal care at the same time.