When someone in Canada dies without a will—known as “intestate”—their estate is distributed according to the intestate succession laws of the specific province or territory. These laws determine who inherits the estate, prioritizing close family members, such as spouses and children. Each region has distinct rules, particularly regarding who qualifies as a “spouse” or “child,” whether common-law partners have inheritance rights, and how children from previous relationships are handled. Understanding these differences can help people better plan their estates and ensure their wishes are honored.
Key Terms to Know About Wills
Spouse: Under intestate laws, “spouse” generally refers to a legally married partner. Some provinces, however, recognize common-law partners under specific conditions.
Preferential Share: This is a set amount of the estate that goes directly to the spouse before any remaining assets are divided among other heirs.
Extended Family: If no close family members are found, the estate may pass to extended family, such as cousins, aunts, uncles, and grandparents. If no relatives can inherit, the estate ultimately goes to the provincial or territorial government.
Intestate Succession Rules by Province and Territory
The following table outlines how each province and territory in Canada handles intestate succession, including whether common-law partners are recognized and what happens if there are no immediate or extended family members. Links to official government resources for each region are provided for further reference.
| Province/Territory | Spouse’s Preferential Share | Recognition of Common-Law Partners | Relevant Government Resource |
|---|---|---|---|
| Alberta | Entire estate if no children from other relationships; otherwise, split with children | Recognized if in an Adult Interdependent Relationship | Wills and Succession Act |
| British Columbia | $300,000 if all children are shared; $150,000 if not; remainder split with children | Recognized after living together for 2 years | Wills, Estates and Succession Act |
| Manitoba | Entire estate if all children are shared; otherwise, split with children | Recognized after cohabiting for at least 3 years, or 1 year with a child | Intestate Succession Act |
| New Brunswick | Varies; spouse receives preferential share, remainder split with children | Not recognized | Devolution of Estates Act |
| Newfoundland and Labrador | $50,000; remainder split with children | Not recognized | Intestate Succession Act |
| Nova Scotia | $50,000; remainder divided with children | Recognized after living together for 2 years | Intestate Succession Act |
| Ontario | $350,000; remainder split with children | Not recognized | Succession Law Reform Act |
| Prince Edward Island | Spouse receives preferential share; remainder to children | Not recognized | Probate Act |
| Quebec | One-third to spouse; two-thirds to children | Not recognized | Civil Code of Quebec |
| Saskatchewan | $100,000 and half of remainder; children inherit the rest | Not recognized | The Intestate Succession Act |
| Northwest Territories | Spouse receives preferential share; remainder to children | Recognized after living together for 2 years | Intestate Succession Act |
| Nunavut | Spouse receives preferential share; remainder to children | Not recognized | Intestate Succession Act |
| Yukon | Spouse receives preferential share; remainder to children | Not recognized | Estate Administration Act |
Example Scenarios by Province and Territory
These scenarios illustrate how intestate succession laws apply in each province and territory across Canada. Each example assumes an estate of $500,000, with variations in family structure to reflect different regional rules.
Alberta:
Tom, who has two children from a previous relationship, dies intestate with an estate of $500,000. His spouse receives half the estate ($250,000), and the remaining half goes to the children. If all children were from the marriage, the spouse would inherit the entire estate.
British Columbia:
A person dies with an estate of $500,000 and two children from a previous relationship. Her spouse receives $150,000 if the children are from a previous relationship; $300,000 if all children are shared with the spouse. The remaining estate is split equally among the spouse and children.
Manitoba:
A person, with an estate of $500,000 and one child from a previous relationship, dies without a will. The spouse receives $250,000, and the child inherits the remaining $250,000. If all children are shared with the spouse, the spouse inherits the entire estate.
New Brunswick:
A person dies intestate, leaving a spouse and three children, with an estate of $500,000. The spouse receives a preferential share according to current laws. The remainder is divided equally among the spouse and children. If no children exist, the spouse inherits the entire estate.
Newfoundland and Labrador:
A person dies with an estate of $500,000, leaving a spouse and one child. The spouse receives a preferential share of $50,000. The remaining $450,000 is divided equally between the spouse and child.
Nova Scotia:
A person dies intestate, leaving a spouse and one child, with an estate of $500,000. The spouse receives a preferential share of $50,000. The remaining $450,000 is split equally between the spouse and child. If no children exist, the spouse inherits the entire estate.
Ontario:
A person dies intestate, leaving a spouse and two children, with an estate of $500,000. The spouse receives a preferential share of $350,000. The remaining $150,000 is split equally between the spouse and children. If there is no spouse, the estate goes to parents or, if they are deceased, to siblings.
Prince Edward Island:
A person dies with an estate of $500,000 and two children. The spouse receives a preferential share as specified by the province. The remainder is divided between the spouse and children. If no children exist, the spouse inherits the entire estate.
Quebec:
A person dies intestate, leaving a spouse and three children, with an estate of $500,000. The spouse receives one-third of the estate, totaling $166,667. The remaining $333,333 is divided equally among the children. Common-law partners do not inherit automatically in Quebec and would need to be named in a will.
Saskatchewan:
A person leaves an estate of $500,000, a spouse, and two children. The spouse receives a preferential share of $100,000, plus half of the remaining estate ($200,000), totaling $300,000. The remaining $200,000 is split equally between the two children.
Yukon:
A person dies with an estate of $500,000, leaving a spouse and three children. The spouse receives a preferential share as defined by Yukon law, and the remainder is divided among the spouse and children. If no children exist, the spouse inherits the entire estate.
Northwest Territories:
A person dies intestate with a spouse and two children, leaving an estate of $500,000. The spouse receives a preferential share based on Northwest Territories’ intestacy rules. The remaining amount is divided among the spouse and children. If no children exist, the spouse inherits the entire estate.
Nunavut:
A person dies with a spouse and four children, leaving an estate of $500,000. The spouse receives a preferential share based on Nunavut’s intestate succession laws, and the remaining estate is divided among the spouse and children. If there is no spouse or children, the estate passes to parents, siblings, or extended relatives.
Children from Previous Relationships
In cases involving children from previous relationships, some provinces differentiate in how estates are distributed:
British Columbia: If children are from previous relationships, the spouse’s preferential share is reduced from $300,000 to $150,000.
Alberta: If all children are from the current marriage, the spouse inherits the entire estate. Otherwise, the estate is split between the spouse and children.
Common Law Spouses
Learn more about how Canadian laws regard common-law spouses with regard to wills and what to do to protect them. Click here.
Why Having a Will Is Important
Without a will, the distribution of assets may not reflect the deceased’s intentions. Writing a will ensures:
- Specified Beneficiaries: Clearly designate who will inherit, including non-family members or charities.
- Appointment of an Executor: Select someone to manage and distribute your estate.
- Provision for Minor Children: Name guardians and set up inheritance structures for children.
- Reduced Legal Complications: Simplify the process, saving time and cost for family members.
Understanding intestate laws helps Canadians prepare for the future, ensuring that assets go to the people they choose, rather than those assigned by law.
Disclaimer
This article is for informational purposes only and is not intended as legal advice. Common-law partner recognition and estate planning laws vary significantly by province and territory in Canada, and individual circumstances can greatly affect legal outcomes. To ensure your estate plan is fully compliant with local laws and accurately reflects your wishes, it’s essential to consult a qualified estate planning lawyer. A legal professional can provide personalized advice and help protect your interests and those of your common-law partner.
