Inheritance With or Without a Will
Learn how inheritance is handled in Canada when there is a valid Will, how it changes if there is no Will, and what this means for your spouse, children, and legacy
Whether or not you leave a Will makes a significant difference in how your estate is handled after your death. A valid Will allows you to choose who inherits your property, who manages your estate, and how your legacy is shaped. Without a Will, your estate is distributed according to provincial intestacy laws—which may not reflect your relationships or intentions.
Understanding this difference helps you plan with purpose and gives your family clarity when they need it most.
How Inheritance Works with a Will
A Will gives you full control over who inherits what. You can name your beneficiaries, choose your executor, and outline specific gifts, including property, money, and personal items.
| With a Will | What Happens |
|---|---|
| You choose your beneficiaries | You decide who receives your estate and in what proportions |
| You name your executor | You select who will manage your estate and carry out your wishes |
| You provide specific gifts | You can leave certain items or amounts to individuals, charities, or causes |
| You create custom plans for your family | You can support stepchildren, blended families, or friends outside the legal hierarchy |
Tip: A Will can also include instructions for guardianship, charitable giving, and tax planning—giving you far more flexibility than the default legal process.
What Happens If You Pass Away Without a Will
If you die without a Will (intestate), your estate is distributed according to provincial law. The government decides who inherits, based on a set formula that prioritizes blood and legal relationships.
| Without a Will | What Happens |
|---|---|
| The court appoints an estate administrator | You do not choose who manages your affairs |
| Your spouse and children inherit first | The law sets fixed shares for spouses and biological/legal children |
| Common-law partners may be excluded | In many provinces, only married spouses automatically inherit |
| No gifts to friends, stepchildren, or charities | These relationships are not recognized under intestacy law |
Important: The intestacy formula does not consider your personal wishes, unique family dynamics, or emotional ties. It applies uniformly, even if the results feel unfair or outdated.
The Consequences of Dying Without a Will
Without a Will:
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Your spouse may not receive the full estate if you have children
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Your children’s inheritance may be held in trust until they reach the age of majority
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Stepchildren, close friends, or caregivers receive nothing by default
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Your executor will be chosen by the court—not by you
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The process may take longer, cost more, and create conflict among heirs
Even small estates can be delayed or disputed without clear instructions.
How Optimize Helps You Protect Your Intentions
At Optimize, we help you plan not just for what you leave behind—but how it gets to the people who matter most. We work with you to ensure your Will reflects your life, aligns with your financial goals, and avoids the rigid default outcomes of intestacy.
We help by:
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Guiding you through the Will creation process
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Coordinating inheritance plans with your investments, insurance, and assets
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Updating your documents as life evolves
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Educating you on how to include blended families, common-law spouses, or special situations
We build estate plans that work in real life—not just on paper.
Why a Will Is Essential to Protecting Your Legacy
A Will is more than a legal document. It is your voice, your care, and your final act of guidance for the people you love. It lets you make decisions that are personal, thoughtful, and tailored to your family.
Without it, the law decides. And the law cannot know your values, your relationships, or the promises you have made.
Write it down. Sign it properly. Keep it safe. And make sure your estate reflects your life—not just the rules.