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

Newfoundland and Labrador Intestacy Calculator: Dying Without a Will

Calculate estate distribution in NL under the Intestate Succession Act. NL has the shortest common-law recognition period in Canada at just 1 year.

Your Situation

Province of Residence

Total Estate Value

Status Indian dying on reserve

Federal Indian Act rules apply instead of provincial laws

Newfoundland and Labrador Rules:

• Preferential amount: $75,000

• Common-law recognized: Yes (1 years)

Intestate Succession Act, R.S.N.L. 1990, c. I-21

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

Newfoundland and Labrador

Distribution Breakdown

Chart only available on larger screens

View on a tablet or desktop to see the visualization

Who Inherits Your Estate

Beneficiary	Relationship	Share %	Amount	Notes
Surviving Spouse	Spouse	57.5%	$287,500	Preferential $75,000 + 50% of remainder
Child 1	Child	21.3%	$106,250	Share of 50% remainder divided equally
Child 2	Child	21.3%	$106,250	Share of 50% remainder divided equally

How the Distribution is Calculated

Newfoundland and Labrador Intestacy Formula:

1. Spouse receives preferential amount: $75,000

2. Remainder: $500,000 - $75,000 = $425,000

3. Spouse receives 50% of remainder: $212,500

4. Spouse total: $75,000 + $212,500 = $287,500

5. Children split 50% of remainder: $212,500 ÷ 2 = $106,250 each

Legislation: Intestate Succession Act, R.S.N.L. 1990, c. I-21

About Newfoundland and Labrador Intestacy Laws

Preferential Share

$75,000

Spouse's first inheritance

Common-law Status

Common-law partners recognized after just 1 year - shortest in Canada

Recognition threshold

Distribution Split

Spouse receives first $75,000, then 50% of remainder. Children share remaining 50%.

Between spouse & children

Overview

Newfoundland and Labrador's intestacy laws are governed by the Intestate Succession Act (R.S.N.L. 1990, c. I-21). NL has the most progressive common-law recognition period in Canada at just one year of continuous cohabitation. This is significantly shorter than most provinces and reflects NL's recognition of modern family structures. The preferential share is $75,000, which is moderate and higher than most Atlantic provinces ($50,000). Unlike its Atlantic neighbors, NL uses the prairie formula with a straight 50/50 split of the remainder between spouse and children, regardless of the number of children.

Key Intestacy Rules

•Preferential share of $75,000
•SHORTEST common-law recognition period in Canada at just 1 year
•Spouse gets 50% of remainder, children get 50%
•Uses prairie-style distribution formula
•Progressive recognition of common-law relationships
•All children inherit equally

Distribution Rules

Newfoundland's distribution hierarchy follows this pattern: First, the married spouse or common-law partner (after just 1 year) receives the first $75,000, 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 the entire estate. Fifth, if no parents, siblings share equally. Sixth, more distant relatives in order of proximity. Finally, if no heirs can be found, the estate goes to the Newfoundland and Labrador government. The prairie-style 50/50 split is simpler than the variable Atlantic formula used in NS and NB.

Common-law Partner Recognition

Newfoundland and Labrador has the SHORTEST common-law recognition period in all of Canada at just ONE year of continuous cohabitation in a conjugal relationship. This is remarkably progressive and recognizes that committed relationships can form quickly. By comparison, most provinces require 2-3 years. This one-year threshold is found in the Family Law Act and related legislation. Once the one-year period is met, common-law partners have identical intestacy rights to married spouses. If your relationship is under 1 year, your partner will NOT inherit unless you have a will. The 1-year period is a significant advantage for common-law couples in NL.

Special Considerations

Newfoundland's system has several unique and progressive features: (1) The 1-year common-law recognition period is the shortest in Canada and highly progressive. (2) The preferential share of $75,000 is higher than most Atlantic provinces. (3) Despite being in Atlantic Canada, NL uses the prairie formula (50/50 split) not the sliding scale used by NS and NB. (4) Stepchildren do NOT inherit unless legally adopted. (5) Adopted children have full rights identical to biological children. (6) Half-siblings inherit equally with full siblings. (7) NL uses "per stirpes" distribution for grandchildren. (8) The Public Trustee administers estates with no heirs. (9) Indigenous people with Indian status dying on reserve land are subject to federal Indian Act provisions. (10) NL's progressive 1-year common-law threshold makes wills slightly less urgent for newer couples compared to other provinces, though wills are still essential.

Unique Features

✓Newfoundland has the SHORTEST common-law recognition period in all of Canada at just 1 year
✓Despite being in Atlantic Canada, NL uses the prairie formula (50/50) not the Atlantic sliding scale
✓Preferential share of $75,000 is moderate and higher than most Atlantic provinces
✓Progressive approach to recognizing modern family structures
✓The 1-year common-law threshold is unique and highly progressive

Governing Legislation

Intestate Succession Act, R.S.N.L. 1990, c. I-21

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

Newfoundland and Labrador 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 Newfoundland and Labrador 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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Newfoundland and Labrador 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 Newfoundland and Labrador 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

Rest of Your Life Calculator

TFSA vs RRSP Calculator

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