What Happens If You Die Without a Will in Saskatchewan?
Last updated 2026-06 · Saskatchewan
Dying without a valid will is called dying intestate, and in Saskatchewan The Intestate Succession Act, 2019 steps in and divides your estate according to a fixed formula — regardless of what you would have wanted.
How the formula works
In short, if you die without a will, The Intestate Succession Act, 2019 sends everything to your spouse if there are no descendants; if there are descendants, the spouse receives a $100,000 preferential share plus a share of the remainder.
More precisely: 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.
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 Saskatchewan
Saskatchewan treats spouses who have cohabited continuously for at least two years as common-law spouses with the same intestacy rights as 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 Saskatchewan? The Intestate Succession Act, 2019 decides — first your spouse and children, then parents, siblings, and more distant relatives. Does my common-law partner inherit in Saskatchewan? Yes, if you've cohabited the required time under The Intestate Succession Act, 2019. Does the government take my estate in Saskatchewan? Only if no relative can be found within the statutory limits. How can I avoid intestacy in Saskatchewan? Make a valid will — even a short one — and review it every few years.
Not legal advice. General information about Saskatchewan law as of 2026. Confirm specifics with a Saskatchewan estate lawyer.
More from Saskatchewan
- Making a Will in Regina, Saskatchewan
How to make a valid will in Regina: Saskatchewan's witnessing rules, holograph wills, 0.7% probate, common-law rights, and how to start.
- Making a Will in Saskatoon, Saskatchewan
How to make a valid will in Saskatoon: Saskatchewan's witnessing rules, holograph wills, 0.7% probate, common-law rights, and how to start.
- What Makes a Will Legally Valid in Saskatchewan?
A valid Saskatchewan will must be signed at the end and witnessed by two non-beneficiaries — or be a fully handwritten holograph will. Checklist and mistakes to avoid.
- Do You Need a Lawyer to Make a Will in Saskatchewan?
You don't need a lawyer to make a valid will in Saskatchewan, but you do need to follow The Wills Act, 1996. Here's when DIY works and when to hire a pro.