Who inherits without a will in Canada?
In Canada each province and territory has its own rules; in most of them the spouse takes a first slice and shares the rest, and Quebec gives the spouse a third.
Updated October 2026. Spotted a mistake? Tell us.
A spouse and children survive
In the common-law provinces the spouse usually takes a set preferential share and then shares the rest with the children. In Quebec, which has a civil code, the spouse takes one third and the children two thirds.
A spouse survives, but no children
In the common-law provinces a spouse with no children takes the whole estate. In Quebec the spouse takes two thirds where the parents or the siblings also survive.
No spouse: who comes next
Children share equally. If there are none, the parents, then the siblings, then the nieces and nephews, then more remote relatives. If none, the estate goes to the Crown.
A partner who is not married
Most provinces treat a common-law partner like a spouse, usually after a set period of living together. Quebec does not: an unmarried partner has no right to inherit without a will.
What a will cannot take away
The common-law provinces have no forced share, but family can apply to the court for support from the estate. Quebec has no forced share either.
If the person or the property is abroad
The country has its own rules on which law governs an estate. An estate with a foreign element needs advice in each country involved.
What to watch for
- Because each province is different, the answer depends on where the person lived.
Understand the legal system first
Canada belongs to the Common law family. Succession law grows out of the legal tradition, so it helps to know how the system works.
Read the Canada legal-system profile in the Legal Families Atlas →
Who owns what in a marriage in Canada? →
Official sources
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TheLawToKnow Tools’s inheritance guide is an educational overview of general rules. It is not legal advice, and it does not replace the official source or a lawyer in the country. Report a mistake.
