Does Your Spouse Inherit Everything If You Die Without a Will in Newfoundland and Labrador?
Last updated 2026-06 · Newfoundland and Labrador
The short answer: only if you have no descendants. Newfoundland and Labrador's intestacy rules under the Intestate Succession Act split the estate between your spouse and your children when both exist.
Spouse only — no descendants
If you die without a will and leave a spouse but no children or grandchildren, your spouse inherits the entire estate.
Spouse and descendants
This is where it gets divided. In Newfoundland and Labrador, the spouse takes one-half if you leave one child, or one-third if you leave more than one child. There is no preferential share off the top.
The preferential share is none (no statutory cash preferential share) — there is no fixed preferential share off the top.
Common-law partners
Newfoundland and Labrador treats a cohabiting partner as a spouse for intestacy if you have lived together in a conjugal relationship continuously for at least one year and have a child together, or for at least two years otherwise.
A blended-family trap
If your "children" include children from a previous relationship and the current spouse isn't their parent, intestacy can leave the surviving spouse short on cash (a home, but no liquid funds) and the kids holding fractional shares of the family home — exactly the recipe for disputes. Wills exist precisely to handle this.
What overrides intestacy
- A valid will (always first choice).
- Beneficiary designations on RRSPs, RRIFs, TFSAs, life insurance and pensions — these pass outside the estate.
- Jointly owned property with right of survivorship — passes to the survivor.
- Family-property and dependent-relief legislation — a spouse, or in some cases a common-law partner or dependent child, can apply to vary the result.
Frequently asked questions
Does my spouse get everything if I die without a will in Newfoundland and Labrador? Only if there are no children or grandchildren. What is the preferential share in Newfoundland and Labrador? none (no statutory cash preferential share)('.', '.') Do common-law partners inherit in Newfoundland and Labrador? Yes, if cohabitation requirements are met under the Intestate Succession Act. How do I make sure my spouse inherits everything? Make a will saying so — and coordinate beneficiary designations and joint ownership.
Not legal advice. General information about Newfoundland and Labrador law as of 2026. Confirm specifics with a Newfoundland and Labrador estate lawyer.
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