Legal Question in Wills and Trusts in Canada

First, whether or not there is a will is very important.

If there is no will:

1. If there is a spouse and no children, the spouse receives 100%

2. If there is a spouse and children, and the estate is less than $65,000, the spouse receives 100%

3. If there is a spouse and children and the estate is over $65,000, the the spouse receives $65,000 and of the balance, if there is one child, then 1/2 the balance goes to the child and 1/ to the spouse, and if more than 1 child, then 1/3 of the balance goes to the spouse and 2/3 of the balance to the children, divided equally among them.

This is a rough overview; there are various other provisions and you should consult a lawyer.

If there is a will:

Then the situation is too complicated for a free summary website such as LawGuru, but under some circumstances the children may claim a share of the estate despite the provisions of a will that provides otherwise. For any particular situation, please consult a lawyer, as there are many variables that come into play.