Do You Have a Will? What Happens When You Die Without One in Canada
Most Canadians think a will is something you write when you're old. But dying without one — at any age — means the government decides who gets everything you've worked to build. Your wishes don't legally exist.
Meet the family this article is about
David and Sana, both 38, live in Ontario. They have two kids (7 and 4), a house worth $900,000, $180,000 in RRSPs, and $60,000 in TFSAs. They've been meaning to write a will for five years. David dies suddenly of a heart attack. Sana is about to discover that "meaning to" counts for nothing in probate court.
What "Dying Intestate" Actually Means
In Canada, if you die without a valid will you are said to have died intestate. When that happens, every province has its own intestacy legislation that dictates exactly how your estate is divided — regardless of what you would have wanted.
The court appoints an administrator (often a family member, but not necessarily your spouse) to manage your estate. That person must follow the provincial formula exactly — there is no room for common sense, family agreements, or what "everyone knows" you would have wanted.
For David and Sana: Ontario's intestacy rules give Sana the first $350,000 of the estate, then split the rest equally between Sana and the two children. Their children's shares are held in trust by the court until they each turn 18. Sana doesn't automatically get everything — the family home, which they own jointly, passes to her through right of survivorship, but his RRSP and bank accounts are split by the formula.
Intestacy Distribution Rules by Province
What happens to your estate if you die without a will (spouse + children scenario)
| Province | Spouse Receives | Children Receive | No Family? |
|---|---|---|---|
| Ontario | First $350,000 + ½ of remainder | ½ of remainder (split equally) | Crown (government) |
| British Columbia | First $300,000 + ½ of remainder | ½ of remainder (split equally) | Crown (government) |
| Alberta | First $150,000 + ½ of remainder | ½ of remainder (split equally) | Crown (government) |
| Quebec | ⅓ of estate | ⅔ of estate (split equally) | Crown (government) |
Rules vary by province and are subject to change. Amounts listed are for illustrative purposes. Consult an estate lawyer for your specific situation.
The Five Things a Will Controls (That Intestacy Doesn't)
Who raises your children
A will is the only place you can name a guardian for minor children. Without one, a court decides — often in a contested, expensive hearing between family members.
Who gets specific assets
Intestacy distributes your estate by formula. Your will lets you leave the cottage to your eldest, the investment account to your spouse, and your hockey card collection to your brother.
Who executes your estate
You choose your executor — the person who pays your debts, files your final tax return, and distributes assets. Without a will, the court appoints someone, which may not be who you'd choose.
How trusts are set up for children
Without a will, children's inheritances are held by the courts until age 18 and then handed over in a lump sum — ready or not. Your will can set up a trust with conditions and a trusted trustee.
Charitable giving
If giving to a cause mattered to you in life, only a will ensures it happens after death. Intestacy rules have no provision for charity.
Registered Accounts Are Different — But Still Need Attention
Your TFSA, RRSP, and RRIF bypass your will entirely — they pass directly to whoever you named as beneficiary on the account. This is good news and bad news.
✅ Good news
Registered accounts with a named beneficiary avoid probate entirely. The money transfers quickly, privately, and without court fees.
⚠️ Bad news
If you never updated your beneficiary (or listed your estate as beneficiary), the funds go through probate anyway — and may be taxable before reaching your family.
David's RRSP had his mother listed as beneficiary from 15 years ago when he opened the account. Sana gets nothing from the RRSP directly. The outdated beneficiary designation overrides everything — the will, common sense, and family expectations.
How Much Does a Will Actually Cost?
Most Canadians overestimate the cost and effort. A straightforward will from a lawyer runs $300–$800 for a single person or $500–$1,200 for a couple's mirror wills. Online will platforms like Willful or Epilogue charge as little as $99–$199.
The real cost of not having a will? Probate fees, legal disputes, court-appointed administrators, and the emotional toll on your family during an already devastating time. In Ontario alone, probate fees (called Estate Administration Tax) are roughly $15 per $1,000 of estate value over $50,000. On a $1M estate that's $14,250 — just in fees, before any legal disputes.
What your will package should include:
- 📝 Last Will & Testament — distribution of your estate
- 🏥 Power of Attorney for Personal Care — who makes medical decisions if you're incapacitated
- 💼 Continuing Power of Attorney for Property — who manages your finances if you can't
Four Things to Do This Month
- 1
Check all beneficiary designations
Log into every TFSA, RRSP, RRIF, pension, and life insurance policy. Confirm the listed beneficiary reflects your current wishes. Update any that are outdated or show 'Estate'.
- 2
Write (or update) your will
Use an online platform for a simple situation, or hire an estate lawyer if you have a blended family, business, or complex assets. Either way, do it this month — not someday.
- 3
Name a guardian for minor children
This is often the hardest conversation but the most important. Have the talk with the person you'd choose, get their agreement, and put it in the will.
- 4
Tell someone where to find it
A will nobody can find is a will that might as well not exist. Store the original with your lawyer or in a fireproof location, and tell your executor exactly where it is.
Key Takeaway
A will isn't about being morbid — it's about making sure the people you love are protected and your wishes are respected. Without one, provincial intestacy formulas take over, courts appoint administrators, outdated beneficiary designations override everything, and your family pays the price — financially and emotionally. A basic will costs less than one month of a Netflix subscription. The cost of not having one can be devastating.
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