What Happens If I Don’t Have a Will?
Learn what it means to die without a Will and how intestacy laws decide what happens to your assets, family, and estate
If you pass away without a valid Will, you don't leave your estate unclaimed—you leave it in the hands of provincial law. This legal process, called intestacy, determines who inherits your property, who manages your estate, and who becomes guardian of your dependants.
While intestacy laws are designed to be fair, they follow a fixed formula that often ignores personal wishes, family dynamics, or evolving relationships. The absence of a Will means less control, more complexity, and in many cases, more stress for your loved ones.
How Intestacy Laws Decide for You
When someone dies intestate (without a Will), the provincial government steps in to apply a standardized set of rules. These rules vary slightly by province, but they generally follow the same order of operations:
| Legal Decision | Who Decides Under Intestacy |
|---|---|
| Who manages your estate | Appointed by the court (administrator) |
| Who inherits your property | Determined by statutory formulas (e.g., spouse gets a portion, children share the rest) |
| Who cares for minor children | Decided by a judge based on perceived best interests |
| How debts and taxes are handled | Paid from the estate before inheritance is distributed |
In short, important personal decisions are made based on legal defaults—not your preferences.
Tip: If you assume your loved ones “just know what to do,” remember that without a Will, they won’t have the legal authority to act on your behalf without going through court first.
The Challenges Families Face Without a Will
Without clear instructions, settling your estate becomes more complicated. Your family may face:
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Delays while courts appoint an administrator
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Legal fees and paperwork to validate decisions
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Disagreements among family members over distribution
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Missed opportunities to handle matters tax-efficiently
Even if your family agrees on your intentions, without a Will, their hands may be tied. The law is the law—and it may not recognize common-law partners, stepchildren, or close friends.
Who Inherits When There’s No Will
Every province has its own hierarchy for distributing assets without a Will. Here’s a simplified example:
| Relationship to the Deceased | What They May Receive |
|---|---|
| Spouse or legal partner | Often the first to inherit, but not always everything |
| Children (biological or adopted) | Share the remainder, possibly split with the spouse |
| Parents | Inherit if no spouse or children exist |
| Siblings | May inherit if no closer family is available |
| Common-law partners (in some cases) | May not be recognized at all, depending on jurisdiction |
| Stepchildren | Generally excluded unless legally adopted |
This process can leave out people you deeply care about simply because they’re not recognized by law.
Important: Even if you are married, your spouse may not inherit everything. Provincial laws often divide assets between your partner and children—sometimes in ways that strain family relationships.
How a Will Gives You Control Over Your Legacy
Creating a Will ensures that:
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The people you trust manage your estate
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Your assets go where you want them to
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Guardianship of children is decided by you, not a judge
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Your estate is handled more efficiently, reducing legal and financial stress
At Optimize, we help you understand how your estate fits into your broader plan. We work with you to make sure your financial strategy supports the people and goals you care about, now and in the future.
Why Avoiding a Will Leaves Too Much to Chance
No one plans to leave a mess. But avoiding the topic doesn’t protect your family from it. A Will offers clarity, direction, and comfort during a difficult time. Without it, your intentions may be lost in legal interpretation or family disagreement.
By making a Will, you don’t just divide assets—you leave behind a plan that reflects who you are and what matters most.