What happens if I die without a will in Canada?

If you die without a will, you die "intestate." Your province''s intestacy laws determine how your assets are distributed — not your wishes. In most provinces, assets go first to a spouse, then children, then extended family in priority order. Common-law partners are not automatically recognized under intestacy laws in all provinces. Your chosen guardian for minor children has no legal standing without a will. The estate is administered by a court-appointed administrator, which adds time and cost.

Do I need a will if I have no assets?

Yes, for two reasons: (1) You may have more assets than you realize, and what you have should go to the people you choose. (2) A will also names a guardian for minor children — which is the most important decision a parent can document. Even if everything you own would flow to a spouse by default, a will makes the process faster, cheaper, and more certain.

Does my spouse automatically get everything if I die without a will?

Not necessarily. Under most provincial intestacy laws, a spouse gets a "preferential share" of the estate first (typically $200,000–$350,000 depending on province), and the remainder is split between the spouse and children. If you have children from a previous relationship, your current spouse does not automatically receive everything. In some provinces, common-law spouses have no intestacy rights at all, even after decades together.

What is a power of attorney and should I have one?

A power of attorney (POA) is separate from a will. There are two types: (1) a continuing power of attorney for property, which authorizes someone to manage your financial affairs if you become incapacitated; and (2) a personal care / healthcare directive (called a representation agreement in BC, or a personal directive in Alberta), which directs your medical care if you cannot speak for yourself. A will only activates on death — POA documents protect you while you are alive but incapacitated. Adults without POA documents are equally under-protected.

How much does a will cost in Canada?

A basic will from a lawyer costs approximately $300–$600 for a simple single will. A couples package (mirror wills) often runs $500–$900. Complex estates, trusts, or business succession planning cost more. Online will platforms (Willful, Epilog, Ownr) offer legally valid wills starting from $99–$199 in most provinces. Wills written without professional review carry higher risk of ambiguity or errors that create problems later.

Do I need to update my will after major life events?

Yes. A will should be reviewed after: marriage (a new marriage revokes a prior will in most provinces), divorce, birth or adoption of a child, death of a named beneficiary or executor, significant change in assets, or a move to a different province. Do not assume a will drafted in one province is fully compliant in another — while it generally remains valid, provincial-specific provisions may need updating.

Do I Need a Will in Canada?

Short Answer

Every Canadian adult needs a will. Without one, provincial intestacy law — not you — determines what happens to your assets, who raises your children, and who administers your estate. A will is the most basic and accessible form of financial planning available, starting at under $200.

What Happens Without a Will: Province by Province

Province	Spouse receives from intestate estate	Children receive
Ontario	First $350,000, then share of remainder	Remainder after preferential share
British Columbia	All (if no children); preferential share if children	Share of remainder
Alberta	First $150,000, then remainder	Share of remainder beyond preferential share
Quebec	1/3 of estate	2/3 of estate
Other provinces	Similar tiered structures	Varies

Key point: Common-law spouses have no automatic intestacy rights in Ontario, Alberta, BC (unless registered), or most other provinces. Without a will, a partner of 10 years may receive nothing.

Why Everyone Needs a Will

Reason	Impact without a will
Asset distribution	Province decides, not you
Minor children’s guardian	Court appoints — may not match your wishes
Executor of choice	Court appoints administrator
Specific gifts	Cannot direct specific items to specific people
Common-law partner	May receive nothing in many provinces
Estate administration speed	Intestacy probate takes longer and costs more
Avoiding family conflict	Will creates clarity; no will creates disputes

What a Will Must Include

Required element	Purpose
Identification of testator	Your full legal name and address
Executor designation	Who administers your estate — pays debts, files taxes, distributes assets
Beneficiary designations	Who receives what
Guardian designation (if minor children)	Who raises your children
Residual estate clause	What happens to anything not specifically mentioned
Date and signature	Required for validity
Witnesses	Two independent witnesses required in most provinces (not beneficiaries)

Will vs Beneficiary Designations vs Joint Ownership

Asset type	How it transfers on death
TFSA	Passes to named successor holder or beneficiary — does not go through will
RRSP/RRIF	Passes to named beneficiary — does not go through will
Life insurance	Passes to named beneficiary — does not go through will
Jointly held assets (joint tenancy)	Pass to surviving owner by right of survivorship — bypasses will
Bank accounts (with named beneficiary in applicable provinces)	Direct transfer
Everything else (investment accounts, real property held alone, personal property)	Governed by your will

A will governs only your “estate” — assets without a valid beneficiary designation or survivorship mechanism. Keep named beneficiaries current on registered accounts and life insurance to ensure those assets transfer efficiently.

Powers of Attorney: The Other Documents You Need

Document	What it does	Activates when
Continuing power of attorney for property	Authorizes someone to manage finances if incapacitated	While you are alive but mentally incapacitated
Personal care directive / health care proxy	Directs medical care, life support decisions	While you are alive but unable to communicate
Will	Distributes your estate	On death only

Without a POA, your family may need to go to court to manage your affairs if you are incapacitated — an expensive and stressful process that a simple document prevents.

How to Get a Will

Method	Cost range	Best for
Lawyer	$300–$600 (simple single will)	Complex estates, business, trusts
Notary (Quebec)	$200–$500	Quebec-specific notarial will
Online platform (Willful, Epilog)	$99–$199	Simple estates, clear wishes
DIY (kit / self-drafted)	$0–$50	High risk — errors create problems
Legal aid (low income)	Free or low cost	Income-qualified individuals

Online will platforms produce legally valid wills and have seen rapid adoption in Canada. They are appropriate for straightforward situations; if you have a business, a blended family, significant assets, or a trust requirement, a lawyer is worth the cost.

When to Update Your Will

Life event	Update required
Marriage	Yes — marriage revokes prior wills in most provinces
Divorce	Yes — divorce revokes gifts to former spouse in most provinces
Birth or adoption of child	Yes — add guardianship, update distribution
Death of named executor or beneficiary	Yes — update to current people
Major asset change (home purchase, business, inheritance)	Review and update if distribution changes
International move	Review — will may need local adaptation
Different province	Review — intestacy and probate rules vary

Bottom Line

A will is the most fundamental document in any adult’s financial life. Every Canadian over 18 should have one regardless of asset level — but especially parents of minor children, common-law partners, and anyone with a clear view of who should or should not receive their estate. The cost is low, online options have made it accessible, and the consequences of dying without one are both legally and emotionally costly for the people left behind.

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