| |
Distribution of Property Upon Death
If you were to die without a will, your property
would be divided according to the laws of your province or territory.
You should also be aware that your creditors will be paid before your
property is divided among your heirs.
 |
Division of Your Property in British Columbia |
|
| Legal
heirs* |
|
Division
of property |
|
Spouse
only |
|
Entire
estate to spouse |
|
Spouse
(with one child) |
|
The
first $65,000 to the spouse, the remainder to the spouse and child
in equal shares |
|
|
Spouse
(with children) |
|
The
first $65,000 to the spouse,
1/3 of the remainder to the spouse and
2/3 to the children in equal shares |
|
|
No
spouse (with children) |
|
Everything
to the child or children |
|
|
No
spouse and no children |
|
Everything
to the closest relative, usually in the following order:
 |
the parents; |
|
if neither of the parents is living, the
brothers and sisters |
|
if there are no surviving brothers or sisters,
the nephews and nieces; |
|
if there are no surviving nephews and nieces,
the closest surviving relative; |
If no surviving relative can be found, the Province/Crown is the
beneficiary. |
|
|
|
*In this table "spouse" includes common law spouses.
If two or more spouses exist their shares shall be determined by a court.
The foregoing distribution is subject to federal and provincial
laws which may take precedence to the distribution under existing provincial
intestacy legislation.
|
Division of Your Property in Alberta |
|
Legal
heirs* |
|
Division
of property |
|
Spouse
or adult interdependent partner only |
|
Entire
estate to spouse or adult interdependent partner |
|
Spouse
or adult interdependent partner (with one child) |
|
The
first $40,000 to the spouse or adult interdependent partner, the
remainder to the spouse or adult interdependent partner and child
in equal shares |
|
|
Spouse
or adult interdependent partner (with children) |
|
The
first $40,000 to the spouse or adult interdependent partner,
1/3 of the remainder to the spouse or adult interdependent partner
and
2/3 to the children in equal shares |
|
|
No
spouse or adult interdependent partner (with children) |
|
Everything
to the child or children |
|
|
No
spouse or adult interdependent partner and no children |
|
Everything
to the closest relative, usually in the following order:
|
the parents; |
|
if neither of the parents is living, the
brothers and sisters |
|
if there are no surviving brothers or sisters,
the nephews and nieces; |
|
if there are no surviving nephews and nieces,
the closest surviving relative; |
If no surviving relative
can be found, the Province/Crown is the beneficiary. |
|
|
The foregoing distribution is subject to federal and provincial
laws which may take precedence to the distribution under existing provincial
intestacy legislation.
|
Division of Your Property in Saskatchewan |
|
| Legal
heirs* |
|
Division
of property |
|
| Spouse
only |
|
Entire
estate to spouse |
|
| Spouse
(with one child) |
|
The
first $100,000 to the spouse, the remainder to the spouse and child
in equal shares |
|
|
| Spouse
(with children) |
|
The
first $100,000 to the spouse,
1/3 of the remainder to the spouse and
2/3 to the children in equal shares |
|
|
| No
spouse (with children) |
|
Everything
to the child or children |
|
|
| No
spouse and no children |
|
Everything
to the closest relative, usually in the following order:
|
the parents; |
|
if neither of the parents is living, the
brothers and sisters; |
|
if there are no surviving brothers or sisters,
the nephews and nieces; |
|
if there are no surviving nephews or nieces,
the closest surviving relative; |
If no surviving relative
can be found, the Province/Crown is the beneficiary. |
|
|
*In this table "spouse" includes common law spouses.
The foregoing distribution is subject to federal and provincial
laws which may take precedence to the distribution under existing provincial
intestacy legislation.
|
Division of Your Property in Manitoba |
|
| Legal
heirs* |
|
Division
of property |
|
| Spouse
only |
|
Entire
estate to spouse |
|
| Spouse
and surviving children, if all deceased’s children are also
children of the surviving spouse |
|
Entire
estate to spouse |
|
|
| Spouse,
and one or more children who are not also children of the surviving
spouse |
|
Surviving
spouse gets greater of the first $50,000, or
½ the estate, Plus half the remaining estate, and the children
share what remains. |
|
|
| No
spouse but surviving children of deceased. |
|
Everything
to the children in equal shares. If a child of deceased is themselves
deceased, the grandchildren if any, step into the shoes of the deceased
child and share that deceased child’s share equally. |
|
|
| No
spouse and no children |
|
Everything
to the parents in equal shares. |
|
|
| No
spouse, children or parents |
|
Siblings
share equally. If a sibling has died before deceased, but deceased
sibling had children, those children step into the shoes of the
sibling and share the sibling’s share equally. |
|
|
| If
none of the above applies |
|
Estate
distributed to relatives with the closest degree of kinship, beginning
with the great grandparents |
|
|
| If
no relatives |
|
Estate
goes to the Crown. |
|
|
|
*In this table wherever the word “spouse” is
used, it includes a common law partner. A common law partner is a person
who has registered a common law relationship under the Vital statistics
Act (voluntary status), as well as persons who while not married to each
other have cohabitated in a conjugal relationship:
a. for at least 3 years; or
b. for at least one year where they are together the parents of a
child.
The foregoing distribution is subject to federal and provincial
laws which may take precedence to the distribution under existing provincial
intestacy legislation.
|
Division of Your Property in Ontario |
|
| Legal
heirs* |
|
Division
of property |
|
| Spouse
only (no children) |
|
Entire
estate to spouse |
|
| Spouse
(with one child) |
|
The
first $75,000 to the spouse, the remainder to the spouse and child
in equal shares |
|
|
| Spouse
(with children) |
|
The
first $75,000 to the spouse,
1/3 of the remainder to the spouse and
2/3 to the children |
|
|
| No
spouse (with children) |
|
Everything
to the child or children |
|
|
| No
spouse and no children |
|
Everything
to the closest relative, usually in the following order:
|
the parents; |
|
if neither of the parents is living, the
brothers and sisters; |
|
if there are no surviving brothers or sisters,
the nephews and nieces; |
|
if there are no surviving nephews or nieces,
the closest surviving relative; |
If no surviving relative
can be found, the Province/Crown is the beneficiary. |
|
|
*In this table, "spouse" means the person with
whom the deceased was legally or civilly married. A de facto spouse has
no right in the deceased's property, regardless of the length of the cohabitation
period.
The foregoing distribution is subject to federal and provincial
laws which may take precedence to the distribution under existing provincial
intestacy legislation.
|
Division of Your Property in Quebec |
|
| Legal
heirs* |
|
Division
of property |
|
| Spouse
only (no children, father, mother, brother, sister, niece, or nephew) |
|
Entire
estate to spouse |
|
| Spouse
(one or more children) |
|
1/3
to the spouse
2/3 to the child or children in equal shares |
|
|
| No
spouse (one or more children) |
|
Entire
estate to the child or children in equal shares |
|
|
| Spouse,
father, mother or both (no child) |
|
2/3
to the spouse
1/3 to the father, the mother or both in equal parts |
|
|
| Spouse,
brothers, sisters, nephews, and nieces (no children, father or mother) |
|
2/3
to the spouse
1/3 to the brothers, sisters, nephews, and nieces |
|
|
| The
father, mother or both, brothers, sisters, nephews, and nieces (no
spouse or children) |
|
½
to the father, the mother or both
½ to the brothers, sisters, nephews, and nieces |
|
|
| Brothers,
sisters, nephews, and nieces (no children, spouse, father, or mother) |
|
To
all |
|
|
| The
father and mother or both only (no children, spouse, brother, sister,
nephew, or niece) |
|
Everything
to the father or mother or both in equal shares |
|
|
| No
living relative (beyond the 8th degree) |
|
Province/Crown
is the beneficiary. |
|
|
*In this table, "spouse" means the person with
whom the deceased was legally or civilly married. A de facto spouse has
no right in the deceased's property, regardless of the length of the cohabitation
period.
The foregoing distribution is subject to federal and provincial
laws which may take precedence to the distribution under existing provincial
intestacy legislation.
|
Division of Your Property in New Brunswick, Newfoundland
or Nova Scotia |
|
| Legal
heirs* |
|
Division
of property |
|
| Spouse
only (no children) |
|
Entire
estate to spouse |
|
| Spouse
(with one child) |
|
1. Distribution
in equal shares
2. The first $50,000 to the spouse, the rest in equal shares
3. The personal property to the spouse, the rest in equal shares |
|
|
| Spouse
(with children) |
|
1. 1/3
to the spouse and
2/3 to the children
2. The first $50,000 to the spouse,
1/3 of the remainder to the spouse and
2/3 to the children
3. The personal property to the spouse,
1/3 of the remainder to the spouse and
2/3 to the children |
|
|
| No
spouse (with children) |
|
Everything
to the child or children |
|
|
| No
spouse (no children) |
|
Everything
to the closest relative, usually in the following order:
|
the parents; |
|
if neither of the parents is living, the
brothers and sisters; |
|
if there are no surviving brothers or sisters,
the nephews and nieces; |
|
if there are no surviving nephews or nieces,
the closest surviving relative; |
If no surviving relative
can be found, the Province/Crown is the beneficiary. |
|
|
*In this table, "spouse" means the person with
whom the deceased was legally or civilly married. A de facto spouse has
no right in the deceased's property, regardless of the length of the cohabitation
period.
The foregoing distribution is subject to federal and provincial
laws which may take precedence to the distribution under existing provincial
intestacy legislation.
|
Division of Your Property in Prince Edward Island |
|
| Legal
heirs* |
|
Division
of property |
|
| Spouse
only |
|
Entire
estate to spouse |
|
| Spouse
(with one child) |
|
½
to spouse, remainder to child |
|
|
| Spouse
(with children) |
|
1/3
to spouse, the remaining
2/3 to the children in equal shares |
|
|
| No
spouse (with children) |
|
Everything
to the child or children |
|
|
| No
spouse and no children |
|
Everything
to the closest relative, usually in the following order:
|
the parents; |
|
if neither of the parents is living, the
brothers and sisters |
|
if there are no surviving brothers or sisters,
the nephews and nieces; |
|
if there are no surviving nephews and nieces,
the closest surviving relative; |
If no surviving relative can be found, the Province/Crown is the
beneficiary. |
|
|
|
The foregoing distribution is subject to federal and provincial
laws which may take precedence to the distribution under existing provincial
intestacy legislation.
|
Division of Your Property in the Yukon |
|
| Legal
heirs* |
|
Division
of property |
|
| Spouse
only |
|
Entire
estate to spouse |
|
| Spouse
(with one child) |
|
The
first $75,000 to the spouse, the remainder to the spouse and child
in equal shares |
|
|
| Spouse
(with children) |
|
The
first $65,000 to the spouse,
1/3 of the remainder to the spouse and
2/3 to the children in equal shares |
|
|
| No
spouse (with children) |
|
Everything
to the child or children |
|
|
| No
spouse and no children |
|
Everything
to the closest relative, usually in the following order:
|
the parents; |
|
if neither of the parents is living, the
brothers and sisters |
|
if there are no surviving brothers or sisters,
the nephews and nieces; |
|
if there are no surviving nephews and nieces,
the closest surviving relative; |
If no surviving relative
can be found, the Province/Crown is the beneficiary. |
|
|
The foregoing distribution is subject to federal and provincial
laws which may take precedence to the distribution under existing provincial
intestacy legislation.
|
Division of Your Property in the North West Territories
or Nunavut |
|
| Legal
heirs* |
|
Division
of property |
|
| Spouse
only |
|
Entire
estate to spouse |
|
| Spouse
(with one child) |
|
The
first $50,000 to the spouse, the remainder to the spouse and child
in equal shares |
|
|
| Spouse
(with children) |
|
The
first $50,000 to the spouse,
1/3 of the remainder to the spouse and
2/3 to the children in equal shares |
|
|
| No
spouse (with children) |
|
Everything
to the child or children |
|
|
| No
spouse and no children |
|
Everything
to the closest relative, usually in the following order:
|
the parents; |
|
if neither of the parents is living, the
brothers and sisters or their surviving children; |
|
if there are no surviving brothers or sisters
or their surviving children, the next of kin; |
If no surviving relative
can be found, the Province/Crown is the beneficiary. |
|
|
The foregoing distribution is subject to federal and provincial
laws which may take precedence to the distribution under existing provincial
intestacy legislation.
Although the contents of this Distribution of Property
section of the web site are believed to be reliable when posted, IAP cannot
guarantee this information to be current, accurate or complete. The information
is subject to modification and updating from time to time without notice.
Prior to acting upon any of this information, please contact your independent
financial advisor and/or your legal adviser to verify its accuracy.
|
