What Happens If You Die Without a Will in Canada (Intestacy)

When someone dies without a valid Will, they die intestate. Provincial law—not the family—decides who inherits. The outcomes often surprise families and can cause delays, costs, and conflict. For the full context on creating a Will, see our Complete Canadian Will Guide.

Who Typically Inherits

1. Married spouse — often receives a preferential share first.
2. Children — share the remainder equally.
3. No spouse/children — parents, siblings, or extended relatives may inherit.
4. No relatives — the estate may escheat to the province.

Common-law partners and stepchildren are not automatically included in some provinces.

Real-Life Consequences

• A court-appointed administrator manages the estate, not necessarily who you’d choose.
• Minor children’s inheritances are held in trust until adulthood.
• Assets may be sold to divide value, regardless of personal wishes.

Why a Simple Will Helps

• You choose your executor and guardian.
• You decide who inherits, including charities or stepchildren.
• You reduce delays, costs, and disputes for your family.