Key points about dying intestate in Ontario:

 

    • No control over distribution: Without a will, you lose the ability to choose who inherits your assets and how they are distributed. 
       
    • Intestacy rules apply: The Succession Law Reform Act determines the order of inheritance. 
       
  • Spouse and children first: Typically, your spouse (if any) receives a preferential share, and the remainder is divided between your spouse and children. 
     
  • No choice of executor: You cannot appoint an executor (the person who manages your estate) in a will, and someone will need to apply to the court to be appointed as estate trustee. 
     
  • Potential for delays and complications: The process of distributing your estate can be more complicated and time-consuming without a will. 
     
  • Common-law partners may not inherit: Common-law partners may not have the same inheritance rights as legally married spouses. 
     
  • Guardians for minor children not named: You cannot name a guardian for your minor children in your will. 
     
In essence, having a will is crucial for ensuring your wishes are followed regarding the distribution of your assets and the care of your loved ones after you're gone.