Dying without a will in Canada: who inherits in Ontario, BC, Alberta and Quebec
Who inherits without a will in Ontario ($350,000 preferential share), BC ($300,000), Alberta and Quebec, with worked examples by province.
If someone dies without a valid will in Canada, the province's intestacy rules decide who inherits, and the married spouse usually comes first. In Ontario, a surviving married spouse takes the first $350,000 (the preferential share, for deaths on or after 1 March 2021) plus half of the rest if there is one child, or one third if there are two or more (Succession Law Reform Act ss. 45–46). In British Columbia, the spouse takes household furnishings, a $300,000 preferential share if all the descendants are also the spouse's ($150,000 if not), and half of the rest (WESA s. 21). In Alberta, the surviving spouse or adult interdependent partner takes the whole estate if all the descendants are also theirs. In Quebec, a married, civil union or (since the 2025 reform) parental union spouse takes one third and the descendants two thirds. Common-law partners inherit nothing under Ontario's intestacy rules.
Part of the overview of estate and family law costs. General information, not legal advice.
Ontario: SLRA Part II
| Survivors | Distribution |
|---|---|
| Spouse, no children or other descendants | All to the spouse (s. 44) |
| Spouse and one child | Spouse: first $350,000 + 1/2 of the residue; child: 1/2 of the residue |
| Spouse and two or more children | Spouse: first $350,000 + 1/3 of the residue; children share 2/3 |
| Children, no spouse | All to the children equally; a predeceased child's share goes to their children |
| No spouse or descendants | Parents, then siblings (with nieces and nephews taking a predeceased sibling's share), then next of kin |
| No relatives | The Crown (Ontario) |
"Spouse" means a married spouse. A common-law partner, however long the relationship, has no right under Part II, though they may claim support as a dependant under SLRA Part V. Since 2022, a married spouse who is separated under the test in s. 43.1 is also excluded (see Ontario's 2022 changes). The married spouse can instead elect equalization under the Family Law Act within six months of death if that gives more.
Worked example (illustrative). Malik dies in Toronto in 2026 without a will, leaving his wife and two children and a net estate of $800,000. His wife takes $350,000, leaving $450,000. She also takes one third of that, $150,000, for a total of $500,000. The two children take $150,000 each.
British Columbia: WESA ss. 20–23
| Survivors | Distribution |
|---|---|
| Spouse, no descendants | All to the spouse |
| Spouse and descendants who are all also the spouse's | Household furnishings + $300,000 + 1/2 of the rest to spouse; 1/2 of the rest to descendants |
| Spouse and at least one descendant who is not the spouse's | Household furnishings + $150,000 + 1/2 of the rest to spouse; 1/2 of the rest to descendants |
| Descendants, no spouse | Descendants per stirpes |
| No spouse or descendants | Parents, then siblings and their descendants, then grandparents' lines and so on |
In BC, "spouse" includes a person who lived with the deceased in a marriage-like relationship for at least two years. Spouses cease to be spouses for succession purposes once a separation creates a family property interest under the Family Law Act, or once a marriage-like relationship ends. If there are two qualifying spouses, they share the spousal entitlement. The surviving spouse also has rights to the spousal home under WESA, such as acquiring it as part of the share.
Worked example (illustrative). The same $800,000 estate in Vancouver, with a spouse and two children of that relationship: spouse takes household furnishings, $300,000 and half of $500,000 ($250,000), so $550,000 plus furnishings; each child takes $125,000. If one child were from an earlier relationship, the spouse would take $150,000 + $325,000 = $475,000, and the children $162,500 each.
Alberta: Wills and Succession Act
- If all of the deceased's descendants are also descendants of the surviving spouse or adult interdependent partner, the survivor takes everything.
- If at least one descendant is not the survivor's, the survivor takes the greater of a prescribed amount ($150,000 under the Preferential Share (Intestate Estates) Regulation, Alta. Reg. 217/2011) or 50% of the net value of the estate, and the rest goes to the descendants (Wills and Succession Act s. 61).
- An adult interdependent partner qualifies after living in a relationship of interdependence for a continuous period of at least three years, or of some permanence if there is a child of the relationship by birth or adoption, or by signing an adult interdependent partner agreement (Adult Interdependent Relationships Act s. 3).
Check the current figure and definitions on the Alberta King's Printer before relying on them.
Quebec: Civil Code of Québec
Under the Civil Code, the surviving spouse and the descendants are the first heirs: the spouse takes one third and the descendants two thirds (art. 666). With no descendants, the spouse shares with the deceased's parents (two thirds to the spouse, one third to the parents, art. 672) or, with no parents, with siblings and nephews and nieces (art. 673); with none of those, the spouse takes everything (art. 671). Since the 2024 family law reform (in force 30 June 2025), "spouse" here means a married, civil union or parental union spouse (art. 653). Other de facto (common-law) spouses do not inherit under the intestacy rules, however long they lived together; they need a will.
Before the succession is divided, the family patrimony and the couple's matrimonial regime (by default the partnership of acquests) are settled. These often give the surviving spouse a large amount before the one-third share is calculated.
Worked example (illustrative). An $800,000 succession in Montreal, after the family patrimony and the partnership of acquests are settled, with a spouse and two children: spouse takes one third, about $266,667; each child about $266,667.
Comparison of the four examples
| Province | Spouse receives (same $800,000 net estate, spouse + 2 shared children) |
|---|---|
| Ontario | $500,000 |
| BC | $550,000 + household furnishings |
| Alberta | $800,000 |
| Quebec | About $266,667 (after family patrimony and matrimonial regime) |
Why intestacy is usually a poor plan
- Someone must apply to the court to be appointed administrator, often with a bond or security, which costs time and money.
- Minor children's shares are usually paid to a guardian of property or into court, or to the Public Guardian and Trustee to manage until 18.
- Common-law partners are left out in Ontario, and in Quebec unless they are parental union spouses.
- Stepchildren who were never adopted are not descendants and inherit nothing.
FAQ
Is the Ontario preferential share still $200,000?
No. It is $350,000 for deaths on or after 1 March 2021 (O. Reg. 54/95, as amended by O. Reg. 122/21); $200,000 still applies to earlier deaths.
Do adopted children inherit?
Yes, adopted children are treated the same as biological children in all four provinces. Stepchildren who were not adopted are not.
What if my spouse and I die together?
Each province has survivorship rules for deaths close together, and they differ: BC's WESA, for example, requires a person to survive by a short period to inherit, while Ontario's SLRA has its own rule for uncertain order of death. Wills usually add a 30-day survival clause so the result does not depend on minutes or hours.
Sources
- Ontario e-Laws — Succession Law Reform Act Part II; O. Reg. 54/95 (preferential share)
- BC Laws — Wills, Estates and Succession Act, ss. 2, 20–23
- Alberta King's Printer — Wills and Succession Act
- Éducaloi — who inherits without a will in Quebec
- Ontario Office of the Public Guardian and Trustee — minors' property and estates with no one to act
