Question 1

What does 'dying intestate' mean?

Accepted Answer

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.

Question 2

Does my common-law partner automatically inherit if I die without a will?

Accepted Answer

It depends on your province and how long you've lived together. Most provinces recognize common-law partners after 2-3 years of cohabitation, but Quebec does NOT recognize common-law partners at all for intestate succession—only legally married spouses inherit. Your partner must meet your province's cohabitation requirements to be considered a spouse under intestacy laws.

Question 3

What is a 'preferential amount' in intestacy law?

Accepted Answer

A preferential amount is the first portion of the estate that goes entirely to the surviving spouse before children receive anything. For example, in Ontario the spouse gets the first $350,000 before children inherit. This amount varies dramatically by province: Ontario has $350,000, while Manitoba has only $50,000. Quebec has no preferential amount at all.

Question 4

What happens to my estate if I have no family at all?

Accepted Answer

If you die without a will and have no eligible relatives (spouse, children, parents, siblings, or extended family), your entire estate 'escheats' to the provincial government. This means the government keeps everything. With a will, you could instead leave your assets to friends, charities, or causes you care about.

Question 5

Do stepchildren inherit if I die without a will?

Accepted Answer

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.

Question 6

How are my assets divided between my spouse and children?

Accepted Answer

This varies significantly by province. Generally, the spouse receives a preferential amount (first $50,000-$350,000 depending on province), then the remainder is split between spouse and children. In Quebec, it's a straight 1/3 to spouse and 2/3 to children with no preferential amount. British Columbia gives 100% to spouse if all children are from that relationship. Always check your specific province's rules.

Question 7

What if my estate is smaller than the preferential amount?

Accepted Answer

If your estate is worth less than the preferential amount for your province, your spouse receives 100% and children receive nothing. For example, in Ontario with a $200,000 estate, the spouse would get everything because it's below the $350,000 threshold. Your children would inherit nothing despite intestacy laws 'protecting' them.

Question 8

How long does intestate succession take in Canada?

Accepted Answer

Intestate estates typically take 12-24 months to settle, significantly longer 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.

Question 9

Can I contest an intestate distribution?

Accepted Answer

Yes, but it's difficult and expensive. Family members can challenge intestate distributions by claiming they were dependents who should receive support, or by arguing common-law status. These court battles can cost tens of thousands of dollars and take years to resolve. A clear, well-drafted will prevents these disputes entirely.

Question 10

Why should I create a will if intestacy laws already distribute my estate?

Accepted Answer

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.

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