Who inherits without a will
When someone dies without a will, their province's law decides who inherits what goes through the estate. What is held jointly or names a beneficiary still passes as it was set up. The biggest difference between provinces is whether a partner you are not married to counts at all.
Alberta
Who counts as a spouse: A married spouse, or an adult interdependent partner: three years together, or a relationship of some permanence with a child together.
- With a spouse and two children together: When every child is also the surviving spouse's, the spouse takes the whole estate.
- With a child from another relationship: With children from another relationship, the spouse takes $150,000 or half the estate, whichever is more, and the children share the rest.
- With a spouse and no children: When every child is also the surviving spouse's, the spouse takes the whole estate.
Source: Wills and Succession Act, sections 60 and 61
British Columbia
Who counts as a spouse: A married spouse, or a partner in a marriage-like relationship of at least two years.
- With a spouse and two children together: The spouse takes the household furnishings and the first $300,000, then half of the rest.
- With a child from another relationship: The spouse takes the household furnishings and the first $150,000, then half of the rest.
- With a spouse and no children: A spouse with no descendants takes the whole estate.
Source: Wills, Estates and Succession Act, sections 20 and 21
Manitoba
Who counts as a spouse: A married spouse, or a common-law partner who registered the relationship, lived with you for three years, or for one year with a child together.
- With a spouse and two children together: When every child is also the surviving partner's, the partner takes the whole estate.
- With a child from another relationship: With children from another relationship, the partner takes $50,000 or half the estate, whichever is more, plus half of what is left.
- With a spouse and no children: When every child is also the surviving partner's, the partner takes the whole estate.
Source: Government of Manitoba, inheritance and benefits
New Brunswick
Who counts as a spouse: Married spouses only.
- With a spouse and two children together: The spouse takes the couple's marital property, then half of the rest with one child or a third with more. The map counts the family home as marital property; the real rule is broader and usually gives the spouse more.
- With a spouse and no children: A spouse with no children takes the whole estate.
Source: Devolution of Estates Act, section 22
Newfoundland and Labrador
Who counts as a spouse: Married spouses only.
- With a spouse and two children together: The spouse takes half with one child or a third with more. There is no preferential share.
- With a spouse and no children: A spouse with no children takes the whole estate.
Source: Intestate Succession Act, sections 4 to 6
Nova Scotia
Who counts as a spouse: A married spouse or a registered domestic partner. An unregistered common-law partner is not a spouse for this purpose.
- With a spouse and two children together: The spouse takes the first $50,000, or may choose the home instead, then half of the rest with one child or a third with more.
- With a spouse and no children: A spouse with no children takes the whole estate.
Source: Intestate Succession Act, section 4
Ontario
Who counts as a spouse: Married spouses only. A common-law partner, however long together, is not a spouse for this purpose, and a separated spouse can lose the right.
- With a spouse and two children together: The married spouse takes the first $350,000, then half of the rest with one child or a third with more.
- With a spouse and no children: A married spouse with no children takes the whole estate.
Source: Succession Law Reform Act, Part II
Prince Edward Island
Who counts as a spouse: A married spouse, or a common-law partner of at least three years.
- With a spouse and two children together: The spouse takes half with one child or a third with more. There is no preferential share.
- With a spouse and no children: A spouse with no children takes the whole estate.
Source: Probate Act, sections 87 to 89
Québec
Who counts as a spouse: A married or civil union spouse, and since 30 June 2025 a de facto spouse in a parental union: a child together born or adopted on or after that date, and more than a year living together.
- With a spouse and two children together: The spouse takes one third and the descendants two thirds.
- With a spouse and no children: With no descendants, the spouse takes two thirds and the parents, or failing them the brothers and sisters, one third.
Source: Civil Code of Québec, articles 666 to 673, and Bill 56
Saskatchewan
Who counts as a spouse: A married spouse, or a partner who lived with you as a spouse for at least two years.
- With a spouse and two children together: When every child is also the surviving spouse's, the spouse takes the whole estate.
- With a child from another relationship: With children from another relationship, the spouse takes $200,000 or half the estate, whichever is more, then half of the rest with one child or a third with more.
- With a spouse and no children: A spouse with no descendants takes the whole estate.
Source: The Intestate Succession Act, 2019 and Regulations
Checked September 2026. With no spouse, the children share equally; with no spouse or children, parents, then siblings, then more distant relatives inherit. See what it means for you.