In Ontario, if you die without a will your property is distributed in accordance with intestacy rules set out in Part II of the Succession Law Reform Act (Ontario) (the “SLRA”).
Under the SLRA rules, who gets your property after you die depends on whether you’re married and how many children you have.
MARRIED WITHOUT CHILDREN
If you’re legally married and have no children your estate goes to your spouse. It is important to note that this happens even if you’re separated from your spouse but have not had a divorce.