What Really Happens If You Die Without a Will?
Dying without a will; it’s uncomfortable to think about. In fact, many people avoid thinking about it at all. But the truth is, if you die without a valid will in place, the consequences can be far more than just inconvenient. They can be emotionally and financially devastating for the people you care about most.
More than half of Canadian adults don’t have a will. And when you die without one, the legal system decides what happens next—not your family, and not you. At NEXsteps, we often meet people after a crisis, when a lack of planning has created confusion, delays, and even family conflict. This article is your opportunity to understand what really happens if you die intestate and how you can avoid it.
What Does It Mean to Die Intestate?
Dying intestate means you haven’t left legal instructions on how your assets, possessions, and responsibilities should be managed after you pass away. Without a will, laws in your jurisdiction apply a formula to determine who inherits what. These rules don’t take into account your personal wishes, relationships, or the dynamics within your family.
At NEXsteps, we work with individuals and families to create clarity in these moments. But our best work happens when planning is done in advance. That’s when your values, preferences, and relationships can truly shape your legacy.
Who Inherits If There’s No Will?
Every province and territory has its own version of intestacy laws, but the basic outline is similar across Canada:
- Married with children: The surviving spouse receives a fixed “preferential share” of the estate (ranging from $150,000 to $350,000 depending on the province). The rest is divided, typically one-third to the spouse, and two-thirds shared equally among the children. If there’s only one child, the balance is usually split 50/50.
- Married with no children: The spouse often inherits the entire estate.
- Single with children: The children inherit everything, divided equally.
- No spouse or children: The estate passes to parents, then siblings, and then to more distant relatives.
Here’s the harsh reality:
- Common-law partners may get nothing unless they are explicitly named.
- Stepchildren are excluded unless legally adopted.
- Friends, caregivers, or other meaningful relationships are not recognized in intestate distribution.
And if no eligible relatives are found? Your estate could go to the government.
Want to know how your current situation would play out without a will?
The Legacy Readiness Review included in our Essentials Package gives you a snapshot of the legal and personal gaps that could affect your loved ones.
The Administrative Nightmare of No Will
Without a will, the court appoints someone to manage your estate. This person, called an administrator, may not be someone you would have chosen. The process of appointing them can delay the administration of your estate by weeks or even months and can be costly.
Tasks like:
- Identifying and valuing assets
- Handling taxes, creditors, and government filings
- Communicating with heirs and beneficiaries
become significantly more complex without written guidance.
Our Executor Essentials package provides step-by-step support for those navigating estate administration. But even the best guidance can’t undo poor or nonexistent planning. Having a will in place makes everything smoother.
Real-World Consequences: A True Story
When Mark passed away unexpectedly at 52, he left no will. His adult children assumed his long-time partner, Karen, would inherit everything. They had been together for nearly two decades.
But Mark and Karen weren’t legally married, and in their province, common-law partners aren’t entitled to inherit if there’s no will. Everything went to his children, including the home Karen had lived in and helped maintain for years. She was devastated and unprepared.
We’ve seen this situation, and many like it, play out firsthand. You don’t want your loved ones navigating grief and a legal battle at the same time.
What You Lose Without a Will
- Control over who inherits your assets
- Choice in who manages your estate
- Peace of mind knowing children, pets, or dependents will be looked after by the right people
- Opportunities for tax efficiency, charitable giving, or blended family planning
Without a plan, what’s left behind is often stress, confusion, and legal bills.
Myths That Keep People From Writing a Will
We hear these all the time:
- “I don’t have enough to worry about a will.”
Even modest estates can cause major conflict without one. - “My family knows what I want.”
Maybe—but they aren’t legally allowed to act on undocumented wishes. - “Everything will just go to my spouse.”
Not necessarily. Children, estranged family, or ex-spouses may have legal claims.
If any of these sound familiar, it’s time to rethink.
It’s Easier Than You Think to Get Started
You don’t need a law degree or a million-dollar estate to get organized. If you’re not sure where to begin, our Comprehensive Legacy Package gives you the structure and guidance to put your wishes in writing while also preparing your loved ones for what to expect.
And if you already have a will, our Annual Estate & Legacy Plan Review ensures it’s still aligned with your current life, family, and goals.
Take the First Step Before It’s Too Late
Dying without a will doesn’t just mean legal complications. It means leaving the people you love without clear direction, possibly in conflict, and potentially at the mercy of rules that don’t reflect your life or values.
You deserve better, and so do they. Explore your planning options today. Whether you’re starting from scratch or reviewing what you already have, we can help you get your affairs in order, clearly, confidently, and compassionately.
Visit our services page to see how we can help.
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Disclaimer: This content is for general information only and is not legal, financial, medical, or tax advice.
