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If your spouse dies

If your spouse dies leaving a valid will, you can choose to get either an equalization payment or what was left to you in their will.

If your spouse dies without leaving a valid will, you can choose to get an equalization payment or your share according to the intestacy rules. These rules give married spouses and children the right to inherit property when there is no valid will.

In both situations, you must usually take legal steps within 6 months of your spouse’s death if you want to claim the equalization payment.

Joint property

If your spouse dies, you usually become the sole owner of any money or property that you both owned jointly. Joint property is not affected by a will or the intestacy rules.

You also inherit life insurance money and registered investments if those assets list you as a beneficiary.

Other benefits

There are some government benefits like CPP survivor’s pension and CPP funeral and death expenses that you may be able to get if your spouse dies.

In Ontario, you may be able to get other payments that depend on the cause of your spouse’s death. If your spouse was killed while working, you can apply for workers’ compensation benefits.

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