What Really Happens When You Die Without a Will?
Death is never easy to think about—and planning for it can feel overwhelming. But one of the kindest things you can do for your loved ones is to remove as much uncertainty as possible. A simple way to do that is by creating a Will.
A Will isn’t just for the wealthy—it’s a tool for anyone who wants to decide what happens to their belongings, who will care for their children or pets, and who will manage their estate. Without a Will, these decisions are left up to government rules—and they may not reflect your wishes.
Why Having a Will Matters
One of the most important choices you make in your Will is appointing an executor—the person who will carry out your wishes and handle your estate. Without a Will, no executor is named, and that often leads to delays, added costs, and even conflict among loved ones.
You can read more about choosing the right executor here.
What Happens If You Die Without a Will?
Dying without a valid Will is called dying intestate. When this happens, your provincial or territorial government will decide how to divide your estate according to local intestacy laws—not necessarily according to what you would have wanted.
For example:
- In British Columbia and Alberta, a “parentelic” system is used, distributing your estate through branches of your family tree.
- In Ontario, the Succession Law Reform Act outlines a hierarchy based on your next of kin.
This process can be complex and time-consuming, especially if no one is clearly in charge.
What It Means for Your Spouse or Partner
Intestacy laws treat legally married spouses differently than common-law partners—and not always fairly.
- In Ontario, common-law spouses are not automatically entitled to any part of the estate without a Will.
- In B.C., if you’re legally married and have no children, your spouse inherits your entire estate.
- If you’re married with children, your spouse receives a preferential share—currently $300,000 (or $150,000 if the children are not also their biological or adopted children)—plus half of the remaining estate. The rest is divided equally among your children.
- If you have both a legally married spouse and a common-law partner (which can happen under B.C.’s broad definition of “spouse”), both may be entitled to a share—further complicating matters.
Without a Will, it’s possible your partner, spouse, or children won’t be taken care of in the way you intended.
What About Children?
If a parent dies without a Will, the consequences can be even more serious—especially for minor children.
- Any inheritance for children under 18 (or 19, depending on the province) will be held in trust by the Public Guardian and Trustee.
- The child will only receive the full amount when they reach legal age—even if they’re not yet ready to manage it responsibly.
- You also lose the opportunity to appoint a guardian to care for your children, leaving the court to decide who steps into that role.
A Will gives you control over these deeply personal decisions and allows you to plan for your children’s future with care.
Financial and Emotional Consequences for Families
When there’s no Will:
- Family members often face delays, legal fees, and uncertainty.
- Loved ones may miss out on important tax deferrals or government benefits.
- Disputes may arise, causing emotional rifts during an already painful time.
- Your assets may ultimately go to relatives you didn’t intend—or to the provincial government if no heirs can be found.
Creating a Will ensures your estate is handled according to your values and intentions—not left up to chance.
Final Thoughts
Making a Will may feel like a difficult task, but it’s one of the most compassionate choices you can make. It offers comfort, clarity, and protection for the people you care about most—and it ensures your voice is heard, even when you’re no longer here.
Whether you have a little or a lot, your legacy deserves to be honoured the way you want it to be.
Help us understand and fulfill your wishes
Creating a legacy for the future can be a very personal decision, and we want to honour that. We also want to help you achieve the impact you desire for your legacy, so it can be helpful to know about your wishes. Letting us know about your intentions doesn’t mean you cannot change your mind about your gift. You are always free to make changes to your plans. And rest assured, we value your privacy and never share your personal information.
We’d also really love to thank you for being someone who cares so deeply about helping others across the province.
To tell us about your wishes, contact:
Peter Ko
Planned Giving Manager
604.268.1343 (Direct)