How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Debra Your Own Question
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 101414
Experience:  Lawyer
10263656
Type Your Canada Law Question Here...
Debra is online now
A new question is answered every 9 seconds

IN ONTARIO. WHAT HAPPENS WHEN A PERSON DIES WITHOUT A WILL

Customer Question

IN ONTARIO. WHAT HAPPENS WHEN A PERSON DIES WITHOUT A WILL WHO IS MARRIED? AND WHAT IF THAT PERSON WAS SELF EMPLOYED - WHAT HAPPENS TO THE BUSINESS ASSETS?
Submitted: 8 years ago.
Category: Canada Law
Expert:  Debra replied 8 years ago.
In Ontario the Succession Law Reform Act and the Family Law Act both come into play.

The spouse has rights under the Family Law Act that will supersede any other rights.

In a general way this basically means that the death is treated the same way as a separation. There is a calculation done to determine how much the spouse would be entitled to upon marital breakdown and this would be the minimum that the spouse would get. This is assuming that there is no marriage contract.

Since there is no Will, the deceased is said to have died intestate.

In Ontario under the intestate provisions, if there is just a spouse and no children the spouse inherits the entire estate. If there is one child then the spouse gets half of the estate and the child gets the other half. If there is more than one child the spouse gets 1/3 and the other children split 2/3rds. But, as I mentioned above the Family Law Act provisions need to be considered as the minimum a spouse can get is what the Family Law Act provides.

I hope this clarifies things.

Please click accept so that I can receive credit for providing you with this information.