Dying Without a Will in Canada 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.

Your Situation

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Federal Indian Act rules apply instead of provincial laws

Ontario Rules:

• Preferential amount: $350,000

• Common-law recognized: Yes (3 years)

Succession Law Reform Act, R.S.O. 1990, c. S.26

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Total Estate Value

$500,000

Number of Beneficiaries

3

Province

Ontario

Distribution Breakdown

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Who Inherits Your Estate

BeneficiaryRelationshipShare %AmountNotes
Surviving SpouseSpouse80.0%$399,995Preferential $350,000 + 33% of remainder
Child 1Child10.0%$50,003Share of 67% remainder divided equally
Child 2Child10.0%$50,003Share of 67% remainder divided equally

How the Distribution is Calculated

Ontario Intestacy Formula:

1. Spouse receives preferential amount: $350,000

2. Remainder: $500,000 - $350,000 = $150,000

3. Spouse receives 33% of remainder: $49,995

4. Spouse total: $350,000 + $49,995 = $399,995

5. Children split 67% of remainder: $100,005 ÷ 2 = $50,003 each

Legislation: Succession Law Reform Act, R.S.O. 1990, c. S.26

Don't Let the Law Decide Your Legacy

Without a will, provincial intestacy laws control who inherits your estate—often in ways you wouldn't want. Creating a legally valid will ensures YOUR wishes are followed, not the government's default rules.

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Get a permanent link to your Intestate Succession Calculator calculations

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Frequently Asked Questions

About This Calculator

v1.0
Updated: October 2025

When a Canadian dies without a valid will, they die "intestate." This intestate succession calculator shows exactly how your estate would be distributed according to Canadian provincial laws if you die without a will. Understanding intestacy laws is crucial for estate planning because provincial legislation determines who inherits your assets—often in ways that don't align with your wishes. Each Canadian province has different intestate succession rules, and the differences can be dramatic. For example, Ontario's Succession Law Reform Act gives a surviving spouse a $350,000 preferential share before children inherit, while Manitoba's threshold is only $50,000. Quebec operates under civil law and does NOT recognize common-law partners at all for intestate succession—only legally married spouses inherit automatically. Our free intestate succession calculator models all 10 provinces' intestacy laws and shows you the exact distribution based on your family situation. You can compare how different provinces treat estates, see how common-law relationships affect inheritance, and understand why having a will is essential. The calculator handles complex scenarios including multiple children, parents, siblings, and extended family, applying the correct provincial formulas to show who inherits what percentage and dollar amount. The results may surprise you. Did you know that in Quebec, your spouse only gets 1/3 of your estate if you have children? Or that in most provinces, your common-law partner must have lived with you for 2-3 years to inherit? Without a will, you have NO CONTROL over who receives your assets—provincial law decides for you. This calculator demonstrates the urgent importance of estate planning and creating a legally valid will that reflects your true wishes.

Key Features

  • Calculate intestate distribution for all 10 Canadian provinces
  • Model any family situation: spouse, children, parents, siblings
  • See exact dollar amounts each beneficiary would receive
  • Visual pie chart showing distribution percentages
  • Provincial comparison mode to see how rules differ
  • Common-law partner recognition by province
  • Step-by-step math explanation of intestacy formulas
  • Warning alerts for surprising outcomes

When to Use This Calculator

  • Understanding who inherits if you die without a will
  • Comparing intestate distribution vs your desired distribution
  • Learning how common-law relationships affect inheritance
  • Seeing how different provinces treat estates differently
  • Educating family members about importance of estate planning
  • Estate planning preparation before meeting with lawyer
  • Teaching children about Canadian succession law
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