How Are Estates Distributed in Ontario When Someone Dies Without a Will?

Question from Terry, How Are Estates Distributed in Ontario When Someone Dies Without a Will?

Answer from AI:

In Canada, when a person dies without a will, their estate is distributed according to the intestacy laws of their province. These laws typically prioritize the spouse and children as beneficiaries. For example, in Ontario, the Succession Law Reform Act outlines that the spouse is entitled to a preferential share, with the remainder distributed among the children.

If your mother, as the surviving spouse, distributed $10,000 to each child, the legality depends on whether this distribution aligns with the applicable intestacy laws. If the estate’s value exceeds the spouse’s preferential share, the remaining assets are usually divided equally among the children. If $10,000 each reflects your rightful share under the law, the distribution may be legal. However, if the estate was larger, this amount might be insufficient.

Your mother, as the administrator of the estate, must follow legal procedures, potentially including probate. If she distributed funds without proper authorization, her actions might be questioned. Any agreement to accept $10,000 should be legally documented, possibly with court approval, to ensure enforceability.

If you believe the distribution was unfair, you may have a limited timeframe to contest it, typically within a few years. Consulting a lawyer specializing in estate law can provide clarity on your rights and the distribution’s legality. They can help determine if further action is necessary and ensure your interests are protected.

For more information, you can visit your province’s legal resources, such as the Ontario government’s guide on intestacy at Ontario Intestacy Laws.