The Fine Print Canada · PUBLISHED 16 JUL 2026 · VERIFIED 16 JUL 2026 · CA EDITION

Dying Without a Will Canada: Common-Law Partner Gets $0

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If you die without a will in Ontario leaving a $500,000 estate, your **common‑law partner can legally get $0 of it, while a legally married spouse in the same situation could receive the entire $500,000.

The number that matters

$350K — preferential share — Ontario, 2022

In Ontario, if you die intestate with a legally married spouse and children, your spouse is legally entitled to the first $350,000 of your estate before the rest is split with your children, under provincial succession rules (amount current as of 2022).

How it quietly costs you

Mechanism: Intestate succession overrides your wishes

Dying without a will (dying intestate) means provincial legislation—not you—decides who gets your money and who manages your estate.

Key mechanics that quietly cost or redirect money:

• Debts and final bills paid first

• Your estate must first pay funeral costs, estate administration costs, and all debts and taxes; only the remainder is available for heirs.

• Funeral and administration costs alone can easily run into the thousands of dollars, reducing what family members ultimately receive (exact amounts vary but they are paid before inheritances every time).

• Spouse vs children: fixed formulas, not family need

• In Ontario, if you die intestate with a spouse and children:

• Spouse receives the first $350,000 (“preferential share”).

• If you have one child, the remaining balance is split 50/50 between spouse and child.

• If you have two or more children, spouse gets one‑third of the remainder; children share two‑thirds.

• In Manitoba, if there are children from another relationship:

• Spouse/common‑law partner gets the first $50,000 or half of the estate, whichever is greater, plus half of the remainder.

• Children from the other relationship share at most 25% of the estate.

• Common‑law partner can be cut out entirely

• In Ontario, a common‑law spouse has no automatic right to inherit any of your estate under intestacy rules.

• They may still receive assets that pass outside the estate (e.g., joint accounts, named‑beneficiary RRSPs), but the intestate estate itself can legally bypass them.

Impact — concrete dollars and percentages

• A $500,000 Ontario estate with a legally married spouse and one child:

• Spouse: first $350,000, plus half of the remaining $150,000 = $425,000 total.

• Child: half of $150,000 = $75,000.

• If the parent’s intended plan was to split equally, the child receives $175,000 less than an even 50/50 split ($250,000 each).

• A $500,000 Ontario estate with a common‑law partner and one child:

• Common‑law partner: $0 from the intestate estate.

• Child: up to 100% of the estate, after debts and expenses.

• Compared with a will leaving $250,000 to the partner, the intestacy rules can redirect $250,000 away from them.

• If there are no legal heirs under the law (no spouse, no descendants, no next of kin), the entire remaining estate escheats to the provincial or territorial government.

• That means a $200,000 estate can end up 100% with the government when a will could have directed every dollar elsewhere.

Old vs better comparison

• “Old” (do nothing, die intestate):

• Distribution follows rigid provincial formulas based on marital status and blood relation, regardless of actual relationships, need, or your wishes.

• “Better” (valid will):

• You choose who gets each asset, can provide for common‑law partners or non‑relatives, and can plan to minimize taxes and administrative costs.

The second, compounding trap

Mechanism: Administrative delay, legal costs, and asset‑type traps

A second layer of cost comes from who controls the estate and how different assets are treated when there is no will.

• Court‑appointed administrator instead of chosen executor

• Without a will, “the court will appoint a personal representative” to manage and distribute your estate.

• This process adds time and legal steps, and often higher administrative expenses (legal fees, court fees) paid out of the estate before any distribution.

• Estate vs beneficiary‑designated assets

• All your money and assets (and debts) are pooled into your estate, except for policies and accounts that:

• have a designated beneficiary, or

• are held in joint tenancy.

• Assets inside the estate are subject to:

• debt repayment

• funeral and administrative costs

• provincial intestacy formulas

• Assets with named beneficiaries can bypass the estate entirely and go directly to the beneficiary.

• If beneficiaries are not updated, large registered accounts can end up in the estate and be split under intestacy rules instead of going to the intended person.

• Survivorship and “no heir” rules

• In Manitoba, to inherit from an intestate estate, a person must “live 15 days longer than the person who died.”

• Where no heir can be determined, the estate is declared bona vacantia and escheats to the Crown, meaning the government receives the assets.

Quantified cost of inaction

• Administrative expenses reduce what heirs receive

• Funeral, legal, court, tax, and administration costs are paid before any heir receives money.

• On a $500,000 estate, even a relatively modest combined cost of 5% (for funeral, legal and court administration) would consume $25,000 of the estate before any family member inherits a cent.

• That $25,000 loss is a direct consequence of having assets in the estate and requiring court administration; it is avoidable or reducible with proper estate planning and beneficiary designations.

• Long‑run cost: misdirected inheritance and government escheat

• If a person dies intestate with no recognized legal heirs, a $300,000 estate can go entirely to the provincial government instead of to friends, charities, or more distant relatives they might have chosen.

• Over a working lifetime, failing to create a will and align beneficiary designations can easily redirect hundreds of thousands of dollars away from intended recipients and toward either unintended heirs or the government.

What this looks like in practice

Persona

• Name: Jason
• Age: 45
• Job: Senior project manager at a tech firm
• Income: $110,000 per year (approximation consistent with mid‑career professional salary levels)
• Savings:
• RRSP: $250,000 with no updated beneficiary named (falls to estate if no beneficiary).
• TFSA: $60,000 in his name only.
• Non‑registered investments and cash: $90,000
• Home: Jointly owned house with common‑law partner, equity $300,000 (passes via joint tenancy outside the estate).
• Family: Common‑law partner (Sarah), one 10‑year‑old child
• Years to retirement he planned for: 20

Total “estate” subject to intestacy (if he dies today, and ignoring the jointly owned home): $250,000 + $60,000 + $90,000 = $400,000 potentially in the estate.

Discovery 1 — Common‑law partner’s share is $0 from the estate

Jason discovers that in Ontario, his common‑law partner has no right to inherit under intestacy rules.

• Estate subject to intestacy: $400,000
• Sarah’s automatic inheritance from this intestate estate: $0.
• Compared with his intention to leave at least half of his financial assets ($200,000) to her, intestacy rules would redirect $200,000 away from Sarah and toward his child or next of kin instead.

Discovery 2 — Child’s share is fixed and may be much larger than intended

Jason learns that intestacy rules will send most or all of the $400,000 estate to his child, because there is no legally married spouse.

• With no legally married spouse, surviving children share the estate equally.
• His 10‑year‑old could become entitled to up to 100% of the $400,000 estate (managed by a guardian or trustee), even if Jason would have preferred a staggered, controlled inheritance or to allocate part to his partner and charitable causes.
• Compared with a will that might have left his child $150,000 now and more later, intestacy could give the child an immediate beneficial interest in an extra $250,000 Jason did not plan for.

Discovery 3 — Government could take everything if no legal heirs survive

Jason realizes that if he, his child, and all legal next‑of‑kin died in a common accident, the remaining estate would escheat to the provincial government.

• Estate value (after typical costs) might still be around $380,000 (assuming $20,000 in funeral and administration expenses).
• With no recognized legal heirs, that $380,000 would go 100% to the government under escheat rules.
• Compared with a will naming a charity or trusted friend, that is a $380,000 difference in where his life savings end up.

The full cost of doing nothing

For Jason, combining Problems 1 and 2 over his lifetime:

Headline number: approx. $600,000 at stake

Modelling basis and assumptions:

1. Jason dies intestate at age 65 with:

• RRSP: $400,000
• TFSA: $100,000
• Non‑registered investments: $150,000
• Total estate assets (excluding joint home): $650,000

2. Administrative and funeral costs consume 5% of the estate:

• 5% of $650,000 = $32,500 lost to costs before any distribution.

3. Distribution under intestacy vs a simple will:

• Intestacy (common‑law partner, one child, no will):

• Common‑law partner: $0 from estate.

• Child: $617,500 (the remaining $650,000 − $32,500).

• Simple will scenario (Jason’s likely intention):

• Partner: 50% of net estate = about $308,750.

• Child: 50% of net estate = about $308,750.

4. Combined impact:

• Partner loses a potential $308,750 inheritance.
• Child receives an excess $308,750 above planned, in an uncontrolled, immediate form.
• Plus $32,500 lost to avoidable or higher administrative costs.

Total money misdirected or lost relative to a basic will: $308,750 + $308,750 + $32,500 ≈ $650,000 in outcomes that differ from Jason’s intentions, with $308,750 of that representing a direct financial harm to his partner and $32,500 a pure cost leak from the estate.

What to do about it

Move 1 — Confirm who actually inherits under your province’s intestacy rules

1. Action: Check provincial intestate succession rules for your situation.
2. Tool/portal:

• Use public legal information services or your provincial justice or legal‑aid websites (e.g., New Brunswick’s Public Legal Education and Information Service for intestacy examples; Ontario‑specific guides).

3. Steps:

• Identify your province or territory of residence.
• Look up “dying without a will” or “intestate succession” for that province (e.g., Devolution of Estates Act in New Brunswick, intestacy guides for Ontario or BC).
• Map your situation (spouse status, common‑law status, children, parents, siblings) to the provincial distribution rules to see who would get what.

4. What “good” looks like:

• You have a written summary of who would get each major asset if you died today and can compare that to your actual intentions—if there is any mismatch, you need a will.

Move 2 — Identify which assets bypass your estate and fix beneficiary designations

1. Action: Audit all accounts for beneficiary and joint‑ownership status.
2. Tool/portal:

• Online portals from your bank, insurer, and investment providers (for RRSP, TFSA, life insurance, and joint accounts).

3. Steps:

• List all major assets: RRSPs, TFSAs, non‑registered accounts, life insurance, and real estate.
• For each, check whether a named beneficiary exists or if the asset is held in joint tenancy—these typically pass outside the estate.
• Update beneficiary designations so they align with your actual wishes (e.g., adding your common‑law partner or children, or removing outdated ex‑partners), and verify those updates with your institution.

4. What “good” looks like:

• Every RRSP, TFSA, and insurance policy has a current beneficiary that matches your plan, so as little as possible is forced into the intestate estate pool.

Move 3 — Create at least a basic valid will

1. Action: Put in place a legally valid will that reflects your chosen distribution and executor.
2. Tool/portal:

• Provincial legal‑information services and forms, or reputable Canadian will‑drafting platforms that reflect Canadian law; guidance from public legal education organizations and estate‑planning materials.

3. Steps:

• Use provincial guidance to understand the formal requirements for a valid will in your jurisdiction (signing, witnesses, etc.).
• Draft a simple will specifying: executor, primary heirs, and any specific bequests (even a basic will dramatically changes outcomes).
• Execute the will properly (signed and witnessed as required) and store it where your executor can find it, noting its location for trusted family members.

4. What “good” looks like:

• You have a current, signed will that replaces intestate succession rules with your own instructions, and it clearly protects spouses, common‑law partners, children, and other beneficiaries as you intend.

A myth worth clearing up

Myth: “My common‑law partner will automatically inherit my assets if I die without a will.”

Fact: In Ontario and several other jurisdictions, a common‑law spouse has no automatic right to inherit any part of an intestate estate, even if you lived together for years; only assets with joint ownership or beneficiary designations may pass directly to them.

Evidence: Ontario‑specific intestacy guidance states that a common‑law spouse has NO right to inherit under the relevant succession legislation, although they may have claims to survivor pensions or dependent support; legal‑information sources confirm that common‑law partners are treated differently from married spouses in intestate succession.

Corrections & disclosure: an AI-assisted, human-reviewed guide. Every figure is dated and sourced above. Spot something out of date or wrong? Tell us and we’ll correct it — corrections are noted here and in the video description.