What Happens If You Do Not Have a Will?

If you die without a Will, your next of kin must generally apply for Letters of Administration. The law sets out a priority for who can become the administrator of your estate starting with your spouse and then children, if any. The administrator must distribute your estate in accordance with the law. They will pay taxes, debts and funeral expenses first. The rest of your estate is then distributed according to the following rules...

Your entire estate goes to your spouse if:

• you have a spouse but no descendants
• you have a spouse and descendants, and all descendants are also descendants of your spouse
• you have a spouse and descendants who are not also descendants of your spouse as long as the value of the estate is less than $200,000

If the value of your estate is more than $200,000 and you have descendants who are not also descendants of your spouse, there are different rules. Your spouse will inherit the first $200,000 or 50% of the estate, whichever is more. The remainder of the estate will be shared as follows:

• if there is one child, the remainder is split evenly between your spouse and the child
• if there is more than one child, one-third of the remainder goes to your spouse and the other two-thirds is shared by the children

It is important to note that a spouse is not entitled to any of the estate if:

• they had been living apart for more than two years at the time of the intestate's death
• a family law proceeding had been started against each other and not reconciled
• they had made a separation agreement and not reconciled
• they were in a spousal relationship with another person

If you die without a spouse or any descendants, the estate will go first to:

• your parents or, if none survive, their descendants, such as your siblings or nieces or nephews
• your grandparents or their descendants, such as your aunts and uncles or first cousins
• your great grandparents or their descendants