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.

What is a 'preferential amount' in intestacy law?

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.

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

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.

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?

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.

What if my estate is smaller than the preferential amount?

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.

How long does intestate succession take in Canada?

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.

Can I contest an intestate distribution?

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.

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.

Back to Intestacy Calculator

Manitoba Intestacy Calculator: Dying Without a Will

Calculate estate distribution in Manitoba under The Intestate Succession Act. Manitoba has the lowest preferential share in Canada at $50,000.

Your Situation

Province of Residence

Total Estate Value

Status Indian dying on reserve

Federal Indian Act rules apply instead of provincial laws

Manitoba Rules:

• Preferential amount: $50,000

• Common-law recognized: Yes (3 years)

The Intestate Succession Act, C.C.S.M. c. I85

Relationship Status

Legally Married

Common-Law Partner

Single / No Partner

Number of Children2

01235

Children from Prior Relationships?

All from current relationship

Some from prior relationships

Parents Still LivingNone

None1Both

Number of Siblings1

01235

Total Estate Value

$500,000

Number of Beneficiaries

Province

Manitoba

Distribution Breakdown

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View on a tablet or desktop to see the visualization

Who Inherits Your Estate

Beneficiary	Relationship	Share %	Amount	Notes
Surviving Spouse	Spouse	55.0%	$275,000	Preferential $50,000 + 50% of remainder
Child 1	Child	22.5%	$112,500	Share of 50% remainder divided equally
Child 2	Child	22.5%	$112,500	Share of 50% remainder divided equally

How the Distribution is Calculated

Manitoba Intestacy Formula:

1. Spouse receives preferential amount: $50,000

2. Remainder: $500,000 - $50,000 = $450,000

3. Spouse receives 50% of remainder: $225,000

4. Spouse total: $50,000 + $225,000 = $275,000

5. Children split 50% of remainder: $225,000 ÷ 2 = $112,500 each

Legislation: The Intestate Succession Act, C.C.S.M. c. I85

About Manitoba Intestacy Laws

Preferential Share

$50,000

Spouse's first inheritance

Common-law Status

Common-law partners recognized after 3 years (or 1 year if a child is born)

Recognition threshold

Distribution Split

Spouse receives first $50,000 (lowest in Canada), then 50% of remainder. Children share remaining 50%.

Between spouse & children

Overview

Manitoba's intestacy laws are governed by The Intestate Succession Act (C.C.S.M. c. I85), which has been in place for many years. Manitoba has the lowest preferential share in all of Canada at just $50,000, which has not been updated in decades and is widely considered inadequate for modern estates. After this minimal preferential share, Manitoba uses a modified prairie formula where the remainder is split 50/50 between surviving spouse and children. Because the preferential share is so low, even modest estates result in children inheriting alongside the surviving spouse.

Key Intestacy Rules

•LOWEST preferential share in Canada at only $50,000
•Common-law recognized after 3 years (or 1 year with child)
•Spouse gets 50% of remainder, children get 50%
•Uses modified prairie formula
•Stepchildren do NOT inherit unless adopted
•All children share equally

Distribution Rules

Manitoba follows the prairie hierarchy but with the lowest preferential share: First, the married spouse or common-law partner receives only the first $50,000, then 50% of any remainder. Second, children share the remaining 50% equally. Third, if there's no spouse, children take everything equally. Fourth, if no descendants, parents inherit. Fifth, siblings if no parents. Finally, more distant relatives, then the Manitoba government. The $50,000 preferential share means that estates over $50,000 are always split with children, providing less protection to surviving spouses than any other province. There have been calls to increase this amount.

Common-law Partner Recognition

Manitoba recognizes common-law partners under The Common-law Partners' Property and Related Acts. A common-law relationship exists if partners have lived together in a conjugal relationship for: (1) at least three years continuously, OR (2) at least one year if they are together in a relationship of some permanence and there is a child born of the relationship. This "shortcut" to recognition after just 1 year if there's a child is unique and recognizes the additional commitment of having children together. Common-law partners have identical intestacy rights to married spouses once the threshold is met.

Special Considerations

Manitoba's system has several unique aspects: (1) The preferential share of $50,000 is the lowest in Canada and has remained unchanged for decades, making Manitoba's laws somewhat outdated. (2) The accelerated common-law recognition (1 year with a child) is progressive. (3) Stepchildren have NO inheritance rights unless legally adopted. (4) Adopted children have identical rights to biological children. (5) Half-siblings inherit equally with full siblings. (6) Manitoba uses "per stirpes" distribution for grandchildren. (7) The Public Trustee handles estates with no known heirs. (8) Indigenous people with Indian status dying on reserve land are subject to federal Indian Act provisions, not provincial law. (9) Many legal experts recommend updating Manitoba's preferential share to match inflation and modern estate values.

Unique Features

✓Manitoba has the lowest preferential share in Canada at just $50,000, meaning children inherit sooner
✓Common-law recognition has flexible timeline: 3 years normally, or just 1 year if there is a child
✓Uses the prairie formula but with a very low preferential share
✓The Common-law Partners' Property and Related Acts provide additional protections
✓Preferential share has not been updated in decades and is considered outdated

Governing Legislation

The Intestate Succession Act, C.C.S.M. c. I85

Frequently Asked Questions

About This Calculator

v1.0Updated: 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

Free to UseCanadian-SpecificNo Registration RequiredReal-Time Calculations

Manitoba Intestacy Calculator: Dying Without a Will

Your Situation

Distribution Breakdown

Who Inherits Your Estate

How the Distribution is Calculated

Email me a copy of these results

About Manitoba Intestacy Laws

Preferential Share

Common-law Status

Distribution Split

Overview

Key Intestacy Rules

Distribution Rules

Common-law Partner Recognition

Special Considerations

Unique Features

Governing Legislation

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Manitoba Intestacy Calculator: Dying Without a Will

Your Situation

Distribution Breakdown

Who Inherits Your Estate

How the Distribution is Calculated

Email me a copy of these results

About Manitoba Intestacy Laws

Preferential Share

Common-law Status

Distribution Split

Overview

Key Intestacy Rules

Distribution Rules

Common-law Partner Recognition

Special Considerations

Unique Features

Governing Legislation

You might also be interested in...

CPP & OAS Timing Calculator

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Frequently Asked Questions

What does 'dying intestate' mean?

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

What is a 'preferential amount' in intestacy law?

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

Do stepchildren inherit if I die without a will?

How are my assets divided between my spouse and children?

What if my estate is smaller than the preferential amount?

How long does intestate succession take in Canada?

Can I contest an intestate distribution?

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

About This Calculator

Key Features

When to Use This Calculator