Planning Your Estate
Distribution of Property Upon Death
If you were to die without a will, your property would be divided according to the laws governing family patrimony, matrimonial regimes and supplemental pension plans of your province. Please find below some of the applicable provisions. You should also be aware that your creditors will be paid before your property is divided among your heirs.
- Division of Your Property in Quebec
- Division of Your Property in Ontario
- Division of Your Property in Newfoundland, Nova Scotia or New Brunswick
Division of Your Property in Quebec
| Legal heirs | Division of property |
|---|---|
| Spouse* only (no children, father, mother, brother, sister, niece, or nephew) | Entire estate to spouse |
| Spouse* (one or more children) | 1/3 to the spouse 2/3 to the child or children in equal shares |
| No spouse* (one or more children) | Entire estate to the child or children in equal shares |
| Spouse*, father, mother or both (no children) | 2/3 to the spouse 1/3 to the father, the mother or both in equal parts |
| Spouse*, father, mother or both, brothers, sisters, nephews, and nieces (no children) | 2/3 to the spouse 1/3 to the father or mother or both in equal shares |
| Spouse*, brothers, sisters, nephews, and nieces (no children, father or mother) | 2/3 to the spouse 1/3 to the brothers, sisters, nephews, and nieces |
| The father, mother or both, brothers, sisters, nephews, and nieces (no spouse or children) | ½ to the father, the mother or both ½ to the brothers, sisters, nephews, and nieces |
| Brothers, sisters, nephews, and nieces (no children, spouse, father, or mother) | To all |
| The father and mother or both only (no children, spouse, brother, sister, nephew, or niece) | ½ to the father, the mother or both |
*In this table, "spouse" means the person with whom the deceased was legally or civilly married. A de facto spouse has no right in the deceased's property, regardless of the length of the cohabitation period.
Division of Your Property in Ontario
| Legal heirs | Division of property |
|---|---|
| Spouse* only (no children) | Entire estate to spouse |
| Spouse*(with one child) | The first $75,000 to the spouse, the remainder to the spouse and child in equal shares |
| Spouse* (with children) | The first $75,000 to the spouse, 1/3 of the remainder to the spouse and 2/3 to the children |
| Spouse*, father, mother or both (no children) | 2/3 to the spouse 1/3 to the father, the mother or both in equal parts |
| No spouse* (with children) | Everything to the child or children |
| No spouse* and no children | Everything to the closest relative, usually in the following order:
If no surviving relative can be found, the province is the beneficiary. |
| The father, mother or both, brothers, sisters, nephews, and nieces (no spouse or children) | ½ to the father, the mother or both ½ to the brothers, sisters, nephews, and nieces |
| Brothers, sisters, nephews, and nieces (no children, spouse, father, or mother) | To all |
| The father and mother or both only (no children, spouse, brother, sister, nephew, or niece) | ½ to the father, the mother or both |
| No living relative (beyond the 8th degree) | Province is the beneficiary. |
*In this table, "spouse" means the person with whom the deceased was legally or civilly married. A de facto spouse has no right in the deceased's property, regardless of the length of the cohabitation period.
Division of Your Property in Newfoundland, Nova Scotia or New Brunswick
| Legal heirs | Division of property |
|---|---|
| Spouse* only (no children) | Entire estate to spouse |
| Spouse* (with one child) |
|
| Spouse* (with children) |
|
| No spouse* (with children) | Everything to the child or children |
| No spouse* and no children | Everything to the closest relative, usually in the following order:
If no surviving relative can be found, the province is the beneficiary. |
*In this table, "spouse" means the person with whom the deceased was legally or civilly married. A de facto spouse has no right in the deceased's property, regardless of the length of the cohabitation period.
This information is presented for information purposes only and should not be considered to be legal or financial advice. For further information, contact a legal or financial advisor.
