Does Your Spouse Inherit Everything If You Die Without a Will in Prince Edward Island?

The short answer: only if you have no descendants. Prince Edward Island's intestacy rules under the Probate 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 Prince Edward Island, 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.

The preferential share is $50,000 — paid to the spouse off the top before the remainder is divided.

Common-law partners

PEI does not treat common-law partners as spouses for intestacy. Without a will, a common-law partner takes nothing under the Probate Act and must rely on dependent-relief claims.

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 Prince Edward Island? Only if there are no children or grandchildren. What is the preferential share in Prince Edward Island? $50,000('.', '.') Do common-law partners inherit in Prince Edward Island? No — only married or registered partners inherit on intestacy here. 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 Prince Edward Island law as of 2026. Confirm specifics with a Prince Edward Island estate lawyer.