If you pass away in Canada, you may or may not have left instructions as to how the property you’ve left behind (“your estate”) is to be divided and distributed. If you wish to do so, you can have a will prepared in your name.

What is a Will?

A will is a legal document that expresses your wishes as to how the property you’ve left behind in your estate is to be divided and distributed. A will may also include special wishes about burial or cremation, and appoint a guardian or custodian for children.

Dying Intestate in Canada

However, if you are like the majority of Canadian adults who do not have a will, in the eyes of the law you have died “intestate”, meaning you have passed away without a will. In these circumstances, the property in your estate will be divided according to the laws of the Canadian province or territory where you live. (better known as “intestacy rules”). There is a misconception that when someone dies intestate the government will receive everything in your estate. This is far from the truth. In fact, this only happens if there is absolutely no living relative.

Let’s now look at the laws in each province or territory relating to the distribution of property if you pass away without a will:

Dying Without a Will in Alberta

Alberta follows the Wills and Succession Act in order to distribute property in your estate if you die without a will. Generally, property in the estate is distributed as follows:

1. If you have a surviving spouse but no children, your spouse gets 100% of your estate.
2. If you have a spouse and child(ren) and those children also belong to your spouse, 100% of your estate goes to your spouse.
3. If you have a spouse and child/children and they do not belong to your spouse, your spouse receives half of your estate and the rest is divided among your children.
4. If you don’t have a spouse but have children, your estate is divided equally among your children.
5. If you don’t have a spouse or children, your estate is divided equally between your parents. If only one is alive, they get your entire estate.
6. If you don’t have surviving parents, your siblings will get your estate. If they’re not surviving either, their children (your nieces and nephews) get their share. If there are no such relatives, the government will continue to search for the next relative in line.

Dying Without a Will in British Columbia

British Columbia follows the Wills, Estates and Succession Act in order to distribute property in your estate if you die without a will. Generally, property in the estate is distributed as follows:

1. If you have a surviving spouse but no children, your spouse gets 100% of your estate.
2. If you have a spouse and a child who also belongs to that spouse, your spouse gets the first $300,000. The remainder is divided equally between the spouse and children.
3. If you have a spouse and children and those children do not belong to your spouse, your spouse gets the first $150,000. The remainder is divided equally between the spouse and children.
4. If you have no children or spouse, your estate is divided equally between your parents. If only one is alive, they get your entire estate.
5. If you don’t have surviving parents, your siblings will get your estate. If they’re not surviving either, their children (your nieces and nephews) get their share. If there are no such relatives, the government will continue to search for the next relative in line.

Dying Without a Will in Manitoba

Manitoba follows The Intestate Succession Act in order to distribute property in your estate if you die without a will. Generally, property in the estate is distributed as follows:

1. If you have a spouse but no children, your spouse gets 100% of your estate.
2. If you have a spouse and child/children who also belong to your spouse, 100% of your estate goes to your spouse.
3. If you have a spouse and child/children and they do not belong to your spouse, your spouse receives $50,000 or half of your estate (whichever is larger) and one half of the remainder of the estate. The rest is divided between your children.
4. If you don’t have a spouse or children, your estate is split equally between your parents. If only one is alive, they get your entire estate.
5. If you don’t have surviving parents, your siblings will get your estate. If they’re not surviving either, their children (your nieces and nephews) get their share. If there are no such relatives, the government will continue to search for the next relative in line.

Dying Without a Will in New Brunswick

New Brunswick follows the Devolution of Estates Act in order to distribute property in your estate if you die without a will. Generally, property in the estate is distributed as follows:

1. If you have a surviving spouse but no children, your spouse gets 100% of your estate.
2. If you have a spouse and one child, all marital property goes to your spouse and the remainder is divided equally between your spouse and child.
3. If you have a spouse and children, your spouse gets all marital property and ⅓ of the remainder of your estate. The other ⅔ is divided equally between your children.
4. If you only have children, your estate will be divided equally between your children.
5. If you have no children or spouse, your estate is divided equally between your parents. If only one is alive, they get your entire estate.
6. If you have don’t have surviving parents, your estate will be divided equally among your siblings. If any of your siblings are dead, their children (your nieces and nephews) will get their parent’s share. If there are no such relatives, the government will continue to search for the next relative in line.

Dying Without a Will in Newfoundland & Labrador

Newfoundland & Labrador follows the Intestate Succession Act in order to distribute property in your estate if you die without a will. Generally, property in the estate is distributed as follows:

1. If you have a surviving spouse but no children, your spouse gets 100% of your estate.
2. If you have a spouse and one child, the spouse and child equally share the estate.
3. If you have a spouse and children, your spouse gets ⅓ of the estate. The other ⅔ is divided equally between your children.
4. If you only have children, your estate will be divided equally between your children.
5. If you have no children or spouse, your estate is divided equally between your parents. If only one is alive, they get your entire estate.
6. If you have don’t have surviving parents, your estate will be divided equally among your siblings. If any of your siblings are dead, their children (your nieces and nephews) will get their parent’s share. If none of your siblings are alive, then your nieces and nephews will get equal shares of the estate. If there are no such relatives, the government will continue to search for the next relative in line.

Dying Without a Will in the Northwest Territories

Northwest Territories follows the Intestate Succession Act in order to distribute property in your estate if you die without a will. Generally, property in the estate is distributed as follows:

1. If you have a surviving spouse but no children, your spouse gets 100% of your estate.
2. If you have one spouse and children, the spouse gets the entire estate if the value is under $100,000.
3. If you have one spouse and one child, your spouse can elect to receive either $100,000 or the matrimonial home and the remainder of the estate is divided equally between the spouse and the child.
4. If you have a spouse and children, your spouse can elect to receive either $100,000 or the matrimonial home and ⅓ of your estate, and the remaining ⅔ is divided equally between your children.
5. If you have no children or spouse, your estate is divided equally between your parents. If only one is alive, they get your entire estate.
6. If you have no spouse, children or parents, your estate will be divided equally among your siblings. If any of your siblings are dead, their children (your nieces and nephews) will get their parent’s share. If none of the above are alive, the government will continue to search for the next relative in line.

Dying Without a Will in Nova Scotia

Nova Scotia follows the Intestate Succession Act in order to distribute property in your estate if you die without a will. Generally, property in the estate is distributed as follows:

1. If you have a surviving spouse but no children, your spouse gets 100% of your estate.
2. If you die leaving a spouse and children but your estate doesn’t exceed $50,000, your entire estate goes to your spouse.
3. If you have a spouse and one child and your estate exceeds $50,000, your spouse gets the first $50,000 or the home. The remainder is divided equally between your spouse and child.
4. If you have a spouse and children and your estate exceeds $50,000, your spouse gets the first $50,000 (or can elect to receive the home) and 1/3 of the estate. The remainder is divided equally between your children.
5. If you have no spouse or children, your parents will split your estate. If one is dead, the entire estate will go to the other.
6. If you have no spouse, children or parents, your estate will be divided equally among your siblings. If any of your siblings are dead, their children (your nieces and nephews) will get their parent’s share. If there are no such relatives, the government will continue to search for the next relative in line.

Dying Without a Will in Nunavut

Nunavut follows the Intestate Succession Act in order to distribute property in your estate if you die without a will. Generally, property in the estate is distributed as follows:

1. If you have a surviving spouse but no children, your spouse gets 100% of your estate.
2. If you have a spouse and children, but your estate doesn’t exceed $50,000, your entire estate goes to your spouse.
3. If you have a spouse and one child and your estate exceeds $50,000, your spouse can elect to receive the $50,000 or the home. The remainder is divided equally between your spouse and child.
4. If you have a spouse and children and your estate exceeds $50,000, your spouse can elect to receive the $50,000 or the home. ⅓ of the remainder goes to your spouse and the other ⅔ is divided equally between your children.
5. If you have no children or spouse, your estate is divided equally between your parents. If only one is alive, they get your entire estate.
6. If you have no surviving parents, your estate will be divided equally among your siblings. If any of your siblings are dead, their children (your nieces and nephews) will get their parent’s share. If there are no such relatives, the government will continue to search for the next relative in line.

Dying Without a Will in Ontario

Ontario follows the Succession Law Reform Act in order to distribute property in your estate if you die without a will. Generally, property in the estate is distributed as follows:

1. If you have a surviving spouse but no children, the spouse gets your entire estate.
2. If you have a spouse and children, the spouse will get the first $350,000 and the remainder will be divided equally between the children and spouse.
3. If you don’t have a spouse but have children, your estate is divided equally between your children. If any of your children have died, their children (your grandchildren) get their share.
4. If you don’t have a spouse, children or grandchildren, your estate is divided equally between your parents. If only one is alive, they get your entire estate.
5. If you don’t have surviving parents, your siblings will get your estate. If they’re not surviving either, their children (your nieces and nephews) get their share. If there are no such relatives, the government will continue to search for the next relative in line.

Dying Without a Will in Prince Edward Island

Prince Edward Island follows the Probate Act in order to distribute property in your estate if you die without a will. Generally, property in the estate is distributed as follows:

1. If you have a spouse but no children, your spouse gets 100% of your estate.
2. If you have a spouse and one child, your estate is split evenly between them.
3. If you have a spouse and children, your spouse gets ⅓ of your estate and the remainder is split equally between your children.
4. If you have no children or spouse, your estate is divided equally between your parents. If only one is alive, they get your entire estate.
5. If you have no surviving parents, your estate will be divided equally among your siblings. If any of your siblings are dead, their children (your nieces and nephews) will get their parent’s share. If there are no such relatives, the government will continue to search for the next relative in line.

Dying Without a Will in Quebec

Quebec follows the Civil Code of Quebec in order to distribute property in your estate if you die without a will. Generally, property in the estate is distributed as follows:

1. If you have a spouse but no children, no parents, no siblings, and no nieces or nephews, your spouse gets 100% of your estate.
2. If you have a spouse and children, your spouse gets 1/3 of your estate and the remaining 2/3 is divided equally between your children.
3. If you have a spouse, no children, and parents, your spouse gets 2/3 of your estate and your parents will get the remaining 1/3. If one parent is dead the remaining parent gets the entire 1/3.
4. If you have a spouse, no children and no parents, but have siblings, your spouse gets 2/3 of your estate and the other ⅓ is divided among your siblings. If any of your siblings are not alive, their share will go to their children.
5. If you do not have a spouse and children, have parents, have siblings, your parents get ½ of your estate and the other half is shared amongst your siblings (or if they are not alive their children will get that part of the estate).
6. If you only have parents, your entire estate is divided evenly between your parents. If only one parent is alive, they get the entire estate.
7. If you only have children, your entire estate is divided evenly among them. If any of your children are not alive, their share will go to their children (your grandchildren).
8. If there are no such relatives, the government will continue to search for the next relative in line.

Dying Without a Will in Saskatchewan

Saskatchewan follows The Intestate Succession Act, 1996 (for deaths prior to October 1, 2019) and The Intestate Succession Act, 2019 (for deaths on or after October 1, 2019) in order to distribute property in your estate if you die without a will. Generally, property in the estate is distributed as follows:

1. If you have a surviving spouse but no children, your spouse gets 100% of your estate.
2. If you have a spouse and child(ren), the entire estate shall go to the spouse if all of your children are also your spouse’s children.
3. If you have a spouse and child(ren) who are not the children of your spouse, your spouse gets the first $200,000 of the estate. For any amount greater than $200,000, if you had one child the remaining property in the estate will be shared by the spouse and child. For any amount greater than $200,000, if you had more than one child, 1/3 of the remaining property in the estate will go to your spouse and 2/3 will be divided equally among your children.
4. If you have children and no spouse, your estate will be equally divided among your children.
5. If you don’t have a spouse or children, your estate is divided equally between your parents. If only one is alive, they get your entire estate.
6. If you don’t have surviving parents, your siblings will get your estate. If they’re not surviving either, their children (your nieces and nephews) get their share. If there are no such relatives, the government will continue to search for the next relative in line.

Dying Without a Will in the Yukon

Yukon follows the Estate Administration Act in order to distribute property in your estate if you die without a will. Generally, property in the estate is distributed as follows:

1. If you have a surviving spouse but no children, your spouse gets 100% of your estate.
2. If you have a spouse and children, but your estate does not exceed $75,000, your entire estate goes to your spouse.
3. If you have a spouse and one child and your estate exceeds $75,000, your spouse is entitled to that $75,000 and the remainder is divided equally between your spouse and child.
4. If you have a spouse and children and your estate exceeds $75,000, your spouse is entitled to that $75,000 and ⅓ of your estate. The remaining ⅔ is divided equally between your children.
5. If you have no spouse or children, your parents will split your estate. If one is dead, the entire estate will go to the other.
6. If you have no surviving parents, your estate will be divided equally among your siblings. If any of your siblings are dead, their children (your nieces and nephews) will get their parent’s share. If there are no such relatives, the government will continue to search for the next relative in line.

Be Prepared For The Unexpected

As you can see, intestacy rules can be complicated and convoluted. Dying without a will may result in your property distributed in a way that may be very different than how you would have liked your property to have been distributed. It can also create many other problems, including creating questions and confusion for your family and friends during a difficult time.

It is always a good idea to have a will prepared just in case. Even in emergencies, you can consider a handwritten will.

Need help preparing a will? Consider using our free Legal Referral Service to talk to a wills and estates lawyer near you.

DISCLAIMER: articles posted in this blog are for informational purposes only. It may not be up-to-date, is not intended to serve as a comprehensive treatment of the topic, and may not be accurate. It shall not be construed as legal advice. No solicitor-client relationship is established from accessing this website and/or webpage. Nothing replaces retaining a qualified, competent lawyer or other legal professional, well versed in this area of the law to provide you legal advice.