Does Your Spouse Inherit Everything in Ontario?

Most couples assume the survivor automatically gets everything. In Ontario, that's not how it works if you die without a will — and for common-law couples the outcome can be far worse.

Married spouses: a share, not the whole estate

If you die without a will and leave a married spouse and children, your spouse does not inherit everything. Ontario gives the spouse a preferential share of $350,000 first, then divides the rest:

• with one child: the remainder is split 50/50 between spouse and child;
• with two or more children: the spouse gets one-third of the remainder and the children share two-thirds.

Only if there are no children does a married spouse inherit the entire estate by default.

Common-law partners: nothing by default

Here's the part that catches people. Ontario's intestacy rules define "spouse" as legally married. A common-law partner is not entitled to inherit under intestacy — regardless of how long you lived together or whether you have children together. They can try to bring a dependant's support claim or an equitable (unjust-enrichment) claim, but those are uncertain, contested, and expensive. If you're common-law in Ontario, a will is the only way to guarantee your partner inherits.

The blended-family risk

If you have children from a previous relationship and die without a will, the intestacy formula automatically carves out a share for those children — which can leave your current spouse with less than you intended, or force the sale of a shared home. A will lets you balance providing for your spouse and your children on your terms.

How a will fixes all of this

A simple will can leave everything to your spouse, protect a common-law partner, set up a trust for young children, and name guardians — none of which intestacy does. For couples, mirror wills (each leaving everything to the other, then to the children) are common and inexpensive.

Frequently asked questions

Do common-law partners inherit in Ontario? Not under intestacy. Without a will, a common-law partner inherits nothing and must make a separate claim. How much does a surviving spouse get in Ontario? A married spouse gets the first $350,000, then one-half or one-third of the remainder depending on the number of children. Does a spouse get the house if there's no will in Ontario? Not automatically — the home is part of the estate and subject to the intestacy split unless it was jointly owned with right of survivorship. Are stepchildren entitled to inherit in Ontario? Not under intestacy unless legally adopted. A will is needed to provide for stepchildren.

Not legal advice. General information about Ontario law as of 2026. Confirm specifics with an Ontario estate lawyer.