If you have a spouse and children, and your spouse is also the parent of all of your children, your spouse would get the first $300,000 of the estate and then your spouse would receive 50% of the remainder and your children would receive 50% of the remainder. If you have more than one child they would share the 50% equally.
If you have no spouse your estate would go to your closest relative within 5 degrees. If you have no relatives within 5 degrees then your estate would go to the government. What that means is your estate would go in the following order:
- great grandchildren,
- great great grandchildren,
- great great great grandchildren,
- aunts and uncles,
- 1st cousins (being children of aunts and uncles),
- great grandparents,
- great great grandparents,
- great grand aunts and uncles, and then
- The Government of Canada.
For example, if you have: no spouse or children; your parents and grandparents predeceased you, and your living relatives include two siblings, one aunt, and two cousins, your two siblings would each inherit 50% of your estate. Your aunt and cousins would inherit nothing.