What Happens If You Die Without a Will in Nunavut?
Last updated 2026-06 · Nunavut
Dying without a valid will is called dying intestate, and in Nunavut 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, Nunavut's 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 have one child, or one-third if 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 Nunavut
Nunavut recognizes common-law partners after cohabiting in a conjugal relationship for at least two years (or having a child together), giving them 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 Nunavut? the Intestate Succession Act decides — first your spouse and children, then parents, siblings, and more distant relatives. Does my common-law partner inherit in Nunavut? Yes, if you've cohabited the required time under the Intestate Succession Act. Does the government take my estate in Nunavut? Only if no relative can be found within the statutory limits. How can I avoid intestacy in Nunavut? Make a valid will — even a short one — and review it every few years.
Not legal advice. General information about Nunavut law as of 2026. Confirm specifics with a Nunavut estate lawyer.
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