No will means the law decides — not you.
If you die without a will in Ontario, a rigid formula splits your estate, and it often isn't what you'd have wanted. A common-law partner can be left with nothing. Here's how it works and why a will matters.
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In 30 seconds, here's what's true
- If you die without a will, Ontario's Succession Law Reform Act decides who gets what by a set formula — you don't get a say in it.
- A common-law partner does NOT automatically inherit anything when you die without a will. Only a married spouse inherits under the formula.
- If you have a spouse and no children, they get everything. With children, your spouse gets the first $350,000 plus a share, and the rest is split with the kids.
- A valid formal will needs to be signed and witnessed by two people who aren't beneficiaries. A will entirely in your own handwriting and signed needs no witnesses.
- Since 2022, getting married no longer cancels your existing will — a reversal of the old rule. Divorce still cancels gifts to a former spouse.
How the process works
Understand why a will matters
Without one, the law's formula controls everything, and people you'd want to provide for — like a common-law partner — can get nothing. A will lets you choose.
Know what makes a will valid
A formal will must be in writing, signed by you, and witnessed by two people present at the same time who aren't beneficiaries (or their spouses). A handwritten, signed will needs no witnesses.
Know who inherits if there's no will
A married spouse gets the first $350,000 (the 'preferential share') plus a share of the rest; children split the remainder. A common-law partner isn't included in this formula.
Understand probate and estate tax
Probate (now a Certificate of Appointment of Estate Trustee) is often needed. Estate Administration Tax is $0 on the first $50,000, then $15 per $1,000 above that.
Get help — this is high-stakes
Wills and estates have strict rules, and mistakes are costly. A common-law partner or dependant may need to make a support claim. Start a free PLAIN session and we'll point you to help.
What to do next
- Decide whether to make a will (almost always yes).
- For a formal will, use two qualified witnesses who aren't beneficiaries.
- Keep your will somewhere safe and tell your executor where it is.
- Remember a common-law partner doesn't inherit without a will.
- Know the $350,000 preferential share for a married spouse.
- Understand probate and the Estate Administration Tax.
- Review your will after marriage, divorce, or separation.
- Get professional advice for drafting and administering an estate.
Common myths
| Myth | Reality |
|---|---|
| My common-law partner automatically inherits everything. | No. Without a will, only a married spouse inherits under the formula. A common-law partner gets nothing automatically and may have to make a support claim. |
| If I die without a will, the government takes everything. | Almost never. Your relatives inherit by a set formula. The government only takes the estate if you have no relatives at all. |
| A handwritten will isn't valid. | It can be. A will entirely in your own handwriting and signed by you is valid in Ontario, with no witnesses needed. |
| Getting married cancels my will. | Not anymore. Since 2022, marriage no longer revokes an existing will. (Before then, it did.) |
| My spouse automatically gets everything if I die without a will. | Only if there are no children. With children, your spouse gets the first $350,000 plus a share, and the children get the rest. |
| I don't need witnesses for my will. | A formal typed will needs two witnesses. Only a fully handwritten, signed will is valid without them. |
| Probate is never required. | It often is. Banks and the land registry usually require a Certificate of Appointment before releasing assets or transferring property. |
| Separating from my spouse doesn't change my estate. | It can. Since 2022, a separated spouse is generally treated as having died before you for inheritance purposes. |
Last reviewed June 2026
Written and reviewed by the founder of PLAIN, checked against primary government and legal sources. How we research these guides
Sources
PLAIN gives legal information, not legal advice. It is not a substitute for a lawyer or paralegal — and we'll point you to free ones. Laws change; we review these pages regularly, but always confirm current rules with a licensed professional.
Free. No payment to start. This is information, not legal advice.