What Happens If You Die Without a Will in Northwest Territories?
Last updated 2026-06 · Northwest Territories
Dying without a valid will is called dying intestate, and in Northwest Territories the Intestate Succession Act steps in and divides your estate according to a fixed formula — regardless of what you would have wanted.
How the formula works
In short, without a will, the Intestate Succession Act gives your spouse everything if there are no descendants; if there are descendants, the spouse receives a $50,000 preferential share plus a share of the remainder.
More precisely: the spouse takes the first $50,000 plus one-half of the residue if you leave one child, or one-third if you leave more than one.
If you have no spouse and no children, your estate passes up the family tree — parents first, then siblings, then more distant relatives. If no relative can be found within the statutory degree, your estate ultimately escheats to the Crown.
Common-law partners in Northwest Territories
The NWT recognizes partners as common-law spouses after they have cohabited in a conjugal relationship for at least two years (or have a child together), with intestacy rights equivalent to married spouses.
What intestacy can't do
- It can't name a guardian for your minor children — the court will decide.
- It can't leave anything to a friend, godchild, or charity.
- It can't fund a trust for a disabled beneficiary (risking loss of disability benefits).
- It can't choose your executor — the court appoints an administrator, often a relative who has to apply.
The hidden costs
Intestate estates often cost more: someone has to apply for letters of administration (with a bond in many cases), heirs need to be located, and family disputes are more common. A simple will avoids almost all of this.
Frequently asked questions
Who inherits if I die without a will in Northwest Territories? the Intestate Succession Act decides — first your spouse and children, then parents, siblings, and more distant relatives. Does my common-law partner inherit in Northwest Territories? Yes, if you've cohabited the required time under the Intestate Succession Act. Does the government take my estate in Northwest Territories? Only if no relative can be found within the statutory limits. How can I avoid intestacy in Northwest Territories? Make a valid will — even a short one — and review it every few years.
Not legal advice. General information about Northwest Territories law as of 2026. Confirm specifics with a Northwest Territories estate lawyer.
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