Spouse Present

Where a person dies intestate in respect of property and is survived by a spouse and not survived by a child, then the entire estate shall go to the spouse.

When a person dies intestate and leaves a spouse and one child, the spouse is entitled to one-half of the residue of the property after payment if any.

when there is a spouse and two children then the spouse is entitled to one-third of the residue of the property after payment

when a child has died intestate, the spouses share the same as if the child had been living at that date

• when a person dies intestate in respect of property and leaves no spouse or issue, the property shall be distributed between the parents of the deceased equally, or if there is only one, absolutely

Separated spouse

If a person's spouse is separated from them at the time of their death, any provision of the law that entitles the spouse to the deceased person's property does not apply.

For the purpose of this law, a spouse is considered separated from the deceased person at the time of the death if:

• living separately for a minimum of three years before the death due to the breakdown of the marriage,

• having a valid separation agreement in place, or

• having a court order or family arbitration award that settles their affairs after the breakdown of their marriage.

In addition to meeting these conditions, the spouse must also be living separately from the deceased person at the time of their death due to the breakdown of their marriage for this law to apply.

Next of Kin

If the person has children, their property is divided equally among their children. If a child has died, their share is divided equally among their own children (the grandchildren of the person who died).

If there are no children, the property is divided equally between the person's parents, or to the surviving parent if only one is alive.

If there are no parents, the property is divided equally among the person's brothers and sisters, and if one of them has died, their share is divided equally among their own children (the person's nieces and nephews).

If there are no brothers or sisters, the property is divided equally among the person's nieces and nephews, and if there are none, then it goes to the person's next of kin.

If there is no next of kin, the property becomes the property of the government.

If a child or relative was conceived before the person died but born after, they still have the right to inherit as if they were born before the person died.

ONT SLRA s.44, 43.1, 46, 47