Intestate Estates: Who Are the Beneficiaries?
When someone passes away with a Will, the Estate is considered Testate. When an individual dies without a Will in place, the Estate is considered Intestate. Without a Will or Estate plans made, how exactly is one meant to determine who the beneficiaries are? The process varies depending on which province you reside in, but here in Ontario we follow The Succession Law Reform Act. Let’s break it down to see how the Beneficiaries are determined here in Ontario when someone passes away without a Will.
Married with no children: The Estate goes to the surviving spouse.
Married with one child: The spouse receives the preferential share of the first $350,000 of The Estate. The residue is then divided equally with half going to the spouse, and half going to the child.
Married with children: The spouse receives the preferential share of the first $350,000 of The Estate. The residue is divided so the spouse gets 1/3, and the rest is split equally among the children.
Children only: The Estate is split evenly among children or goes all to the only child if there is one.
No spouse or children: The Estate goes to the parents of the deceased, or to the surviving parent if one has predeceased.
No spouse, children or parents: The Estate is split evenly among the deceased’s siblings.
No spouse, children, parents or siblings: The Estate is split evenly among the deceased’s nieces and nephews.
As mentioned above, these rules only apply to those who reside in Ontario. If you, or the deceased live in another Province or Territory, there will be a different process. We will list out the Provincial Acts below to reference.
British Columbia: Wills, Estates and Succession Act (WESA)
Alberta: The Wills and Succession Act
Saskatchewan: The Intestate Succession Act
Manitoba: The Intestate Succession Act
Quebec: The Civil Code of Quebec
New Brunswick: The Devolution of Estates Act
Nova Scotia: Intestate Succession Act
Prince Edward Island: Probate Act
Newfoundland and Labrador: Newfoundland and Labrador Intestate Succession Act
Yukon: Yukon Estate Administration Act
Northwest Territories: Intestate Succession Act of the Northwest Territories
Nunavut: Intestate Succession Act
If you are the Executor of an Intestate Estate or are looking for guidance and support throughout the process, there is help available! We are always happy to answer questions and to schedule a free 15-minute phone consultation if you would like to learn more. Contact us today to get started with ETP Canada and to ease life after death.
*If you have an Estate with deceased Beneficiaries, please refer to The Succession Law Reform Act as it’s a different process than listed above.
This blog is not intended to be legal advice and should not be relied on as such. If you require legal advice, please contact a legal professional concerning your particular circumstances.