What Happens If You Die Without a Will in Nova Scotia?

Dying without a valid will is called dying intestate, and in Nova Scotia 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 takes a $50,000 preferential share plus a share of the remainder.

More precisely: the spouse takes the first $50,000 plus half of the residue if you have one child, or one-third if you have more than one child.

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 Nova Scotia

Nova Scotia does not automatically treat common-law partners as spouses for intestacy. You must be married, or have registered a domestic partnership under the Vital Statistics Act, to inherit as a spouse. Unregistered common-law partners can only claim through dependent-relief legislation.

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 Nova Scotia? the Intestate Succession Act decides — first your spouse and children, then parents, siblings, and more distant relatives. Does my common-law partner inherit in Nova Scotia? No — only married or registered partners inherit on intestacy here. Does the government take my estate in Nova Scotia? Only if no relative can be found within the statutory limits. How can I avoid intestacy in Nova Scotia? Make a valid will — even a short one — and review it every few years.

Not legal advice. General information about Nova Scotia law as of 2026. Confirm specifics with a Nova Scotia estate lawyer.