Does Your Spouse Inherit Everything If You Die Without a Will in Saskatchewan?
Last updated 2026-06 · Saskatchewan
The short answer: only if you have no descendants. Saskatchewan's intestacy rules under The Intestate Succession Act, 2019 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 Saskatchewan, the spouse takes the first $100,000 (the preferential share), plus half of the residue if you leave one child, or one-third if you leave more than one child. The rest is divided among the children.
The preferential share is $100,000 — paid to the spouse off the top before the remainder is divided.
Common-law partners
Saskatchewan treats spouses who have cohabited continuously for at least two years as common-law spouses with the same intestacy rights as married spouses.
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 Saskatchewan? Only if there are no children or grandchildren. What is the preferential share in Saskatchewan? $100,000('.', '.') Do common-law partners inherit in Saskatchewan? Yes, if cohabitation requirements are met under The Intestate Succession Act, 2019. 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 Saskatchewan law as of 2026. Confirm specifics with a Saskatchewan estate lawyer.
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