What Happens If I Don’t Have A Will In Ontario? When a family does not make a will, and there is no legal relationship of parent and child or spouse, then the family laws of Ontario state that family members included on this list will inherit the estate of the family member who passed away. The family members ranked higher on this list get more than family members on lower ranks. It is important to note that family members who are of the same rank will equally split the estate.
1. Spouse or Common Law Partner:
The spouse or person with whom you live, unless he/she died before you and had a child from a previous relationship living at the time of his/her death. In this case, his/her parents will inherit the estate.
2. Children:
A child who has lived with you for more than two years. If there is more than one family of family members, the share will be divided equally between them.
3. Parents:
A parent who has not lived with you for two years before his/her death but was dependent on you because he/she was sick/disabled or elderly at the time of death. If there is more than one family of family members, the share will be divided equally between them.
4. Grandparents:
A parent or parents of your deceased parents (your grandparents), if he/she were living with you at the time of his/her death and had no spouse or child at that time. If there is more than one family of family members, the share will be divided equally between them.
5. Siblings:
A sibling or a step-sibling living with you at the time of his/her death and who has not been married or had children from a previous relationship. If there is more than one family of family members, the share will be divided equally between them.