Ontario Intestacy Calculator: Dying Without a Will
Calculate how your estate would be distributed in Ontario if you die without a valid will. See exactly who inherits under the Succession Law Reform Act.
Your Situation
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
Total Estate Value
$500,000
Number of Beneficiaries
3
Province
Ontario
Distribution Breakdown
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Who Inherits Your Estate
| Beneficiary | Relationship | Share % | Amount | Notes |
|---|---|---|---|---|
| Surviving Spouse | Spouse | 80.0% | $399,995 | Preferential $350,000 + 33% of remainder |
| Child 1 | Child | 10.0% | $50,003 | Share of 67% remainder divided equally |
| Child 2 | Child | 10.0% | $50,003 | Share 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
About Ontario Intestacy Laws
Preferential Share
$350,000
Spouse's first inheritance
Common-law Status
Common-law partners recognized after 3 years of cohabitation
Recognition threshold
Distribution Split
Spouse receives first $350,000, then 1/3 of remainder. Children share remaining 2/3.
Between spouse & children
Overview
Ontario's intestacy laws are governed by the Succession Law Reform Act (SLRA). When someone dies without a valid will in Ontario, their estate is distributed according to a strict legal hierarchy. The surviving spouse receives the first $350,000 (the "preferential share"), which is the highest in Canada. This amount is adjusted periodically but has remained at $350,000 since 2021. After the preferential share, if there are children, the spouse receives one-third of the remaining estate and the children split two-thirds equally.
Key Intestacy Rules
- •Highest preferential share in Canada at $350,000
- •Common-law partners recognized after 3 years
- •Spouse gets 1/3 of remainder, children get 2/3
- •All children inherit equally (including adopted)
- •Parents inherit if no spouse or children
- •Siblings inherit if no closer relatives
Distribution Rules
Under Ontario law, distribution follows this hierarchy: First, the married or common-law spouse (after 3 years of cohabitation). Second, children, who share equally. Third, parents if there are no descendants. Fourth, siblings if there are no parents or descendants. Fifth, nieces and nephews. Finally, more distant relatives. If no relatives can be found, the estate goes to the Ontario government. The preferential share of $350,000 is substantial and means many modest estates go entirely to the surviving spouse when there are children.
Common-law Partner Recognition
Ontario recognizes common-law partners for intestacy purposes after three continuous years of cohabitation in a conjugal relationship. This is codified in the Family Law Act definition of "spouse." Importantly, common-law partners have the same intestacy rights as married spouses but do NOT have the same rights to matrimonial property or spousal support without a cohabitation agreement. If you're in a common-law relationship of less than 3 years, your partner will NOT inherit automatically, making a will essential.
Special Considerations
Ontario has several unique considerations: (1) The preferential share is the highest in Canada at $350,000, providing strong protection for surviving spouses. (2) If the deceased had children from a previous relationship, they share the estate with the surviving spouse after the preferential share. (3) Adopted children have full inheritance rights. (4) Stepchildren have NO inheritance rights unless they were legally adopted. (5) Posthumous children (conceived before death, born after) inherit as if they were alive at death. (6) Ontario follows the "per stirpes" distribution method, meaning grandchildren inherit their deceased parent's share.
Unique Features
- ✓Ontario has the highest preferential amount at $350,000, providing significant protection for surviving spouses
- ✓Common-law relationships must last at least 3 years for intestacy rights
- ✓Stepchildren do NOT inherit unless legally adopted
- ✓Half-siblings inherit equally with full siblings
- ✓If estate goes to government, creditors are paid first
Governing Legislation
Succession Law Reform Act, R.S.O. 1990, c. S.26
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Frequently Asked Questions
About This Calculator
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