Understanding Intestacy in Canada: What Happens When Someone Dies Without a Will

When someone dies without a valid will, their estate is distributed according to provincial intestacy laws — a process known as intestacy. This can be confusing for families who may not fully understand how assets and property are divided. Because intestacy rules differ across Canada, the outcome depends on where the deceased lived. Two provinces where rules are often compared are Ontario and British Columbia.

In Ontario, the Succession Law Reform Act and related legislation govern how estates are administered. When someone dies without a will:

• A person must apply for a Certificate of Appointment of Estate Trustee Without a Will, which grants them the legal authority to manage the estate
• The SLRA sets out a strict hierarchy of beneficiaries. If there is a spouse but no children, the spouse inherits everything
• If there is both a spouse and children, the spouse receives a “preferential share” (currently set at $350,000). Any amount above this is divided between the spouse and children, with specific proportions
• If there is no spouse or children, the estate passes to parents, siblings, nieces, nephews, and so on down the line

Ontario’s system is quite structured, but it can result in unintended outcomes. For example, common-law partners are not recognized under intestacy rules, meaning they may receive nothing unless specifically named in a will.

In British Columbia, the Wills, Estates and Succession Act (WESA) governs intestacy. The process here is similar but with notable differences:

• The court issues a Grant of Probate if there is a will, or a Grant of Administration if there is no will
• A surviving spouse inherits a preferential share of the estate (currently $300,000 if the couple had children together, or $150,000 if the deceased had children from a previous relationship)
• Any remaining assets are divided, with half going to the spouse and half split among the children
• If there is no spouse or children, the estate passes to parents, siblings, and more distant relatives

Like Ontario, common-law partners can face complications, though BC law is generally more favourable to them than Ontario’s. Under the WESA, common-law partners may qualify as spouses if they lived together in a marriage-like relationship for at least two years before the deceased’s death.

Why Provincial Differences Matter

The fact that intestacy laws differ across provinces means that two families in similar situations could experience very different outcomes depending on where the deceased lived. For example, the amount of the preferential share, recognition of common-law partners, and even terminology (Ontario’s “estate trustee” vs. BC’s “executor”) all vary.

How Probate Genealogists Help

When someone dies without a will, one of the biggest challenges is identifying and locating rightful heirs. Families may be scattered across provinces — or even internationally — making it difficult for estate trustees or executors to find everyone entitled to inherit.

This is where probate genealogists play a crucial role. They:

• Research family trees to establish legal heirs or beneficiaries
• Locate missing or unknown beneficiaries
• Provide documentation needed for court applications
• Help ensure estates are distributed fairly and according to the law

Without this expertise, estates can remain unclaimed or fall into government hands if no heirs are found. Probate genealogists provide essential support in navigating intestacy and ensuring heirs are properly identified and located.

If you’re dealing with an estate without a will, Finders International can help trace heirs in Canada and internationally. Contact us at [email protected] or visit www.findersinternational.com to refer a case.