Do I Need a Will If I’m Married in Ontario?

What Happens If You Die Without a Will in Ontario?

If a person dies without a will in Ontario, their estate is distributed according to the Succession Law Reform Act. This means the law — not the individual — decides who inherits the estate.

For married couples, the surviving spouse does not automatically receive the entire estate in every situation.

Ontario law provides a “preferential share” to the surviving spouse. As of 2022, this amount is $350,000. The spouse receives the first $350,000 of the estate, but anything above that amount is divided between the spouse and the deceased’s children.

For example:

• If the estate is worth $300,000, the surviving spouse receives the entire amount.

• If the estate is worth $800,000 and there are children, the spouse receives the first $350,000 and the remaining amount is divided between the spouse and the children.

This structure can lead to unexpected outcomes, particularly where family dynamics are complex.

Blended Families and Second Marriages

Estate planning becomes even more important in blended families.

Without a will, the law does not consider personal intentions or family relationships beyond the statutory framework. Stepchildren, for example, generally do not inherit under intestacy rules unless they are legally adopted.

This can create disputes between surviving spouses and children from previous relationships, especially when the family home or significant assets are involved.

A carefully drafted will allows individuals to clearly define how their estate should be distributed and can help avoid future conflict.

The Risk of Informal Promises

Courts frequently see disputes arising from informal promises or expectations about inheritance. Family members may believe they were promised property, financial support, or an inheritance, only to discover that those wishes were never documented.

When estate intentions are not formally recorded in a valid will, disagreements can lead to costly and emotionally difficult litigation for surviving family members.

A properly drafted will helps ensure that your intentions are clear and legally enforceable.

Protecting Your Spouse and Family

A will allows you to address several important issues that the default intestacy rules cannot:

• Ensuring your spouse receives the assets you intend them to receive

• Protecting children from previous relationships

• Appointing a trusted estate trustee to manage your estate

• Providing clear instructions for the distribution of property and assets

• Minimizing the risk of disputes among family members

Without a will, these decisions are largely left to statutory rules and the court system.

Estate Planning Is Not Just for the Wealthy

Many people delay preparing a will because they believe their estate is too small or their situation is straightforward. In reality, anyone who owns property, has savings, or has family members they wish to provide for should consider having a will.

Even relatively modest estates can become complicated when real estate, multiple beneficiaries, or blended families are involved.

Final Thoughts

Marriage alone does not guarantee that your estate will be distributed exactly as you intend. Ontario’s intestacy rules may not reflect your personal wishes or your family’s needs. A properly prepared will provides clarity, protects your loved ones, and can prevent unnecessary legal disputes in the future.

Disclaimer: This article is intended for general informational purposes only and does not constitute legal advice. Estate planning should always be discussed with a qualified lawyer based on your specific circumstances.

Plan Ahead. Protect Your Loved Ones.

A well-drafted will provides clarity, security, and peace of mind for your family. Without one, important decisions about your estate may be left to Ontario’s default laws.

The lawyers at Willing Law Professional Corporation can help you create an estate plan that reflects your wishes and protects those who matter most.

Contact Willing Law today to schedule your wills and estate planning consultation.