Dying Without a Will in Canada: Provincial Distribution Laws in 2026

In Canada, dying without a valid will (intestacy) means the law decides who inherits, who manages the estate, and how quickly assets can be transferred. While many people assume the outcome is “obvious,” the reality depends on the province or territory, family structure, and the types of assets involved. With laws and court processes evolving over time, it also matters to confirm the current rules as you plan.

Intestacy is governed mainly by provincial and territorial statutes, not a single national rulebook. Some assets may bypass the estate entirely, such as life insurance with a named beneficiary, certain registered accounts with valid beneficiary designations, and jointly held property that passes by right of survivorship. Everything else typically falls into the estate and is distributed under intestacy rules after debts, taxes, and administration costs are dealt with.

Intestacy succession laws in Ontario and BC for 2026

Ontario and British Columbia both follow structured intestacy schemes, but the details differ in ways that can materially change outcomes for a surviving spouse and children. In Ontario, the Succession Law Reform Act sets out who inherits and in what proportions, and a surviving married spouse may be entitled to a preferential share before any division with children. In British Columbia, the Wills, Estates and Succession Act governs intestacy, and it also provides a spouse-first framework with specific shares that can vary depending on whether all children are children of the relationship. For 2026 planning, the key practical point is that “spouse,” “child,” and “estate” are legal categories defined by local legislation; families should confirm the current thresholds and definitions in their province because amendments and court interpretations can change how the rules apply.

Legal rights of common-law partners without a will

A frequent source of confusion is the difference between being married and being in a common-law relationship. Intestacy statutes do not treat common-law partners uniformly across Canada, and the tests for being recognized as a spouse can be strict and fact-specific (for example, cohabitation length, whether there is a child together, and how the relationship is evidenced). In some provinces, common-law partners can inherit as a “spouse” if they meet statutory criteria; in others, a common-law partner may have limited or no automatic inheritance under intestacy and may need to rely on other claims, such as dependent support or unjust enrichment arguments, depending on the circumstances. Because these outcomes can hinge on documentation and definitions, intestacy can create disputes and delays even in relationships that were stable and long-term.

How digital assets are handled under intestacy rules

Digital assets add a modern layer to intestacy administration. “Digital assets” can include email accounts, cloud photo libraries, social media profiles, cryptocurrency, loyalty points, domain names, and revenue-generating channels. Intestacy rules determine who inherits the value of estate assets, but access to accounts is often governed by provider terms of service, privacy laws, and the practical issue of credentials and device security. Estate trustees (or administrators appointed when there is no will) may need to prove authority through court documentation before companies will release information or allow account changes. For financial digital assets such as cryptocurrency, access can be impossible without keys or recovery phrases, so even if heirs are legally entitled to inherit, the value may be unrecoverable in practice. Keeping an inventory of devices, account identifiers, and a secure way to transfer access information can reduce the risk of permanent loss.

Probate fees for intestate estates in Canada

Probate is not always required, but intestate estates often face a higher likelihood of needing court authority because there is no named executor and third parties (banks, land registries, investment firms) may insist on formal appointment documents. The real-world cost picture typically includes (1) a court or probate filing fee or tax, (2) out-of-pocket administration expenses, and (3) optional professional fees if legal or accounting help is used. The amounts below reflect widely published provincial fee schedules and are included as general guidance; the total cost can vary based on estate value, asset types, and whether there are disputes.

Prices, rates, or cost estimates mentioned in this article are based on the latest available information but may change over time. Independent research is advised before making financial decisions.

Intestacy can feel like a default “safety net,” but it is really a rigid set of distribution rules that may not match modern families, blended households, or digital-first finances. Differences between provinces, the legal status of common-law relationships, and the practical hurdles of probate and account access can all shape outcomes. Understanding the applicable provincial framework and the kinds of assets you hold helps clarify what would happen if there is no will in place.