How an estate is distributed: Without a will

When a person dies without a valid will, called "intestate", Ontario's Succession Law Reform Act sets out how the estate is distributed.

According to the Act, unless someone who is financially dependent on the deceased person makes a claim, the first $200,000 is given to the deceased person's spouse if he or she has decided to claim his/her entitlement. The other possibility is to claim half of the net family property. A lawyer can help determine which is the better choice.

Anything over $200,000 is shared between the spouse and the descendants (e.g. children, grandchildren) according to specific rules.

If there is no spouse, the deceased person's children will inherit the estate. If any of them have died, that child's descendants (e.g. the deceased person's grandchildren) will inherit their share.