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Distribution of Property Upon Death
If you were to die without a will, your
property would be divided according to the laws governing family patrimony,
matrimonial regimes and supplemental pension plans of your province. You
should also be aware that your creditors will be paid before your property
is divided among your heirs.
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Division of Your Property in Quebec
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Legal
heirs
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Division
of property
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Spouse* only (no children,
father, mother, brother, sister, niece, or nephew)
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Entire
estate to spouse
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Spouse* (one or more children)
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1/3
to the spouse
2/3 to the child or children in equal shares
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No spouse* (one or more
children)
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Entire
estate to the child or children in equal shares
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Spouse*, father, mother
or both (no child)
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2/3
to the spouse
1/3 to the father, the mother or both in equal parts
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Spouse*, father, mother
or both, brothers, sisters, nephews, and nieces (no child)
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2/3 to the spouse
1/3 to the father or mother or both in equal shares
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Spouse*, brothers, sisters,
nephews, and nieces (no children, father or mother)
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2/3
to the spouse
1/3 to the brothers, sisters, nephews, and nieces
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The father, mother or both,
brothers, sisters, nephews, and nieces (no spouse or children)
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½
to the father, the mother or both
½ to the brothers, sisters, nephews, and nieces
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Brothers, sisters, nephews,
and nieces (no children, spouse, father, or mother)
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To
all
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The father and mother or
both only (no children, spouse, brother, sister, nephew, or niece)
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½ to the father,
the mother or both
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No living relative (beyond
the 8th degree)
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Province
is the beneficiary.
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*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.
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Division of Your Property in Ontario
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Legal
heirs
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Division
of property
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| Spouse*
only (no children)
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Entire
estate to spouse
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| Spouse*(with
one child)
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The
first $75,000 to the spouse, the remainder to the spouse and child
in equal shares
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| Spouse*
(with children)
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The
first $75,000 to the spouse,
1/3 of the remainder to the spouse and
2/3 to the children
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| No
spouse* (with children)
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Everything
to the child or children
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| No
spouse* and no children
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Everything
to the closest relative, usually in the following order:
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the parents;
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if neither of the parents is
living, the brothers and sisters;
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if there are no surviving brothers
or sisters, the nephews and nieces;
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if there are no surviving nephews
or nieces, the closest surviving relative;
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If no surviving relative
can be found, the province is the beneficiary.
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*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.
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Division of Your Property in Newfoundland, Nova Scotia
or New Brunswick
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Legal
heirs
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Division
of property
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| Spouse*
only (no children)
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Entire
estate to spouse
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| Spouse*
(with one child)
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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
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| Spouse*
(with children)
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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
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| No
spouse* (with children)
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Everything
to the child or children
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| No
spouse* (no children)
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Everything
to the closest relative, usually in the following order:
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the parents;
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if neither of the parents is
living, the brothers and sisters;
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if there are no surviving brothers
or sisters, the nephews and nieces;
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if there are no surviving nephews
or nieces, the closest surviving relative; |
If no surviving relative
can be found, the province is the beneficiary.
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*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.
This information is presented for information
purposes only and should not be considered to be legal or financial advice.
For further information, contact a legal or financial advisor.
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