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Provincial Inheritance Rules: Ontario, British Columbia, and Alberta

Learn how inheritance laws vary by province in Canada, with a focus on Ontario, British Columbia, and Alberta—and what these differences mean for your estate planning

Canada does not have a single set of inheritance laws. Each province sets its own rules for what happens when someone dies with or without a Will. These differences can have a major impact on your spouse, your children, and the distribution of your estate—especially if you do not plan clearly in advance.

This article outlines the key inheritance laws in Ontario, British Columbia, and Alberta, including how each province handles intestacy and spousal rights.

Key Inheritance Rules in Ontario

Ontario follows the Succession Law Reform Act, which applies when someone dies without a Will.

Inheritance Scenario Outcome in Ontario
Survived by spouse, no children Spouse inherits everything
Survived by spouse and children Spouse receives first $350,000, remainder split with children
Common-law partners No automatic inheritance unless named in a Will
Stepchildren Not entitled unless legally adopted or included in a Will
 

Tip: Ontario does not recognize common-law partners for inheritance unless they are specifically named. A cohabitation agreement or Will is essential for protection.

Key Inheritance Rules in British Columbia

British Columbia applies the Wills, Estates and Succession Act (WESA), which offers broader recognition of common-law partners and stepfamilies.

Inheritance Scenario Outcome in BC
Survived by spouse, no children Spouse inherits the entire estate
Survived by spouse and children Spouse receives the first $300,000 (if children are shared), balance split
Common-law partners Recognized after two years of cohabitation
Stepchildren Not automatically entitled unless legally adopted
 Important: In BC, both married and common-law spouses have nearly equal standing, but disputes can arise if there are competing claims—for example, from a separated legal spouse and a current common-law partner. Proper documentation, including a Will and updated beneficiary designations, is critical.

Key Inheritance Rules in Alberta

Alberta uses the Wills and Succession Act, which provides specific rules for dividing an estate when there is no Will.

Inheritance Scenario Outcome in Alberta
Survived by spouse, no children Spouse inherits everything
Survived by spouse and shared children Spouse receives everything
Survived by spouse and non-shared children Spouse receives a portion, balance goes to the children
Common-law partners (Adult Interdependent Partners) Recognized after three years of cohabitation, or with a shared child
 

Tip: In Alberta, “common-law” is formally recognized as “Adult Interdependent Partner” (AIP). A written agreement or evidence of a shared child may shorten the cohabitation period for legal recognition.

Why Provincial Differences Matter for Your Estate Plan

If you move between provinces, live separately from your spouse, or are in a common-law relationship, your inheritance rights can change dramatically. Even within one province, blended families, second marriages, and cohabitation without a Will can lead to unexpected or unfair outcomes.

Planning with your provincial laws in mind helps:

  • Ensure your spouse or partner receives what you intend

  • Avoid court battles or unintended disinheritance

  • Protect vulnerable or dependent family members

  • Align your Will with provincial definitions and entitlements

How Optimize Helps You Plan with Confidence Across Canada

At Optimize, we help you build estate plans that work—not just in theory, but in the legal context where you live. We consider your provincial laws, your family relationships, and your long-term financial goals to build a plan that reflects your full life.

We support you by:

  • Explaining spousal and family rights under your province’s laws

  • Helping you protect a partner who may not be covered automatically

  • Structuring your Will to handle blended or multi-generational families

  • Updating your documents if you move or your legal status changes

We make sure the law serves your legacy—not surprises it.

Why Planning for Your Province Brings Peace of Mind

Inheritance laws in Canada are not one-size-fits-all. Where you live, who you live with, and how you structure your plan can make a world of difference. A Will that works in one province may fall short in another. A partner protected in one region may be left out entirely in another.

Do not assume. Understand.

Align your plan with your province. Review your documents as life changes. And protect your family with the clarity only proper planning can bring.