When an individual dies without a will in ontario, the surviving spouse is entitled to the first $200,000 of the value of the estate. The remainder of the estate will be distributed as follows: 1. If the deceased had no descendants, the surviving spouse Will receive the remainder of the estate; 2. If the deceased had one child (or descend ants of a deceased child), one half will go to the surviving spouse and one half will go to the child (or their descendants); or 3. If there is a surviving spouse and more than one child (or descendants of a deceased child), one-third will go to the surviving spouse and the remaining two third will be divided between the deceased's children (or their descendants per stirpes if a child is deceased).
If a spouse has already received some property under a will, that amount will be deducted from the amount they would be entitled to under the division set out above. For these purposes, “SPOUSE� strictly means a married spouse, and does not include a common-law partner.
In Ontario, where two people die simultaneously, they are deemed to have survived each other. Jointly held property is deemed to be held as tenants in common. For an insurance policy, unless the contract provides otherwise, where a person insured, or a group person insured, and a beneficiary die at the same time or in circumstances rendering it uncertain which of them survived the other, the insurance money is payable as if the beneficiary had predeceased the person insured or group person insured.
