The basic rules are:
• If you are survived by your spouse and had no children all your
property goes to your spouse
• If you are survived by your spouse and you had one child, the first
$50,000 goes to your spouse. The rest is equally divided between
your spouse and child.
• If you are survived by your spouse and more than one child, the first
$50,000 goes to your spouse. One-third of the rest would go to your
spouse, and two-thirds of the rest to your children.
• If you are survived by your children, but no spouse, your whole
estate would go to your children.
• If you had no spouse or children, your whole estate would go to your
nearest relatives by blood or adoption, by order of priority as listed in
the Intestate Succession Act. Relatives by marriage are not included.
• The government would inherit if you have no surviving relatives.
A surviving spouse will always get up to $50,000 from the estate. If your
surviving spouse is not a joint owner of the family home, they may
choose to take the home and household contents instead, or as part of,
It is especially important to make a will if you want your common law
partner, stepchildren, or grandchildren to inherit something from your
estate when you die.
• If you die without a will, only your surviving married spouse or
registered domestic partner can inherit. Common law partners
are not included. Your common law partner will not automatically
inherit your property or money. Your common law partner may have
to go to court to make a claim on your estate.