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NIKA LAW LLPEtobicoke, ON · October 9, 2026

Dying Without a Will in Ontario: What Happens Next

When someone dies without a will in Ontario, the distribution of property that forms part of the estate is governed primarily by the province’s intestacy laws. The result depends on the deceased’s family structure, including whether there is a surviving spouse or children, as well as the nature of the deceased’s assets. A married spouse may be entitled to a preferential share, while children may be entitled to a portion of the remaining estate. A common-law partner does not automatically inherit under Ontario’s intestacy distribution rules, although other legal rights may apply. The person...

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