IntestacyWhat happens to a person's estate when they die without a will.

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:

1. children,
2. grandchildren,
3. great grandchildren,
4. great great grandchildren,
5. great great great grandchildren,
6. parent,
7. sibling,
8. grandparent,
9. aunts and uncles,
10. 1st cousins (being children of aunts and uncles),
11. great grandparents,
12. great great grandparents,
13. great grand aunts and uncles, and then
14. 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.