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What happens when you die without a Will?

3/21/2017

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If you die without a Will, the Succession Law Reform Act dictates how your estate will be distributed. 
 
  1. If you’re legally married with no kids, your entire estate goes to your spouse. 
  2. If you’re married with kids, your spouse gets the first $200,000 (“preferential share”) and the “residue” is divided between the spouse and kids.  If there is only one child, then the spouse and child share equally.  If there is more than one child, then the spouse gets 1/3rd and the children share the rest equally. 
  3. If you have kids but no spouse, your estate goes to your kids in equal shares.
  4. If you have no spouse or kids, your estate goes to your parents. 
  5. If your parents have predeceased you, your estate goes to your siblings.
  6. If your siblings have predeceased you, your estate goes to your nieces and nephews. 
  7. If there are no nieces and nephews, your estate goes to your next of kin.
  8. If there is no next of kin, your estate goes to the Ontario Government. 

Even if you want your property divided as above, it’s still a good idea to have a Will since it reduces delays, aggravation and expenses in dealing with your affairs.  Contact us today if we can help.
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    Dale Lediard is the proprietor of LEDIARD LAW and practices in the Midland, Barrie, Orillia, and surrounding areas. 

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  • Home
  • About
  • Areas of Practice
    • Family Law
    • Employment Law
    • Litigation
    • Injury & Disability
    • Wills & Estates
    • Real Estate
    • Business Consultation
  • Information
  • Contact & Feedback