1. Learn what happens if you have a spouse but don’t have children

If you’re married and don’t have children, and you die without a will, all of your estate goes to your spouse after all funeral expenses, taxes, and debts are paid. But this is only true if you and your spouse are legally married.

If you’re separated from your spouse but not divorced, your separated spouse will still get your estate. If you’re divorced, your ex-spouse doesn’t get anything.

If your separated spouse or ex-spouse is named as a designated beneficiary of an insurance policy, pension, or other investment, they will still get that property when you die. It doesn’t matter that you’ve separated from, or divorced them. If you don’t want this to happen, you have to change your designated beneficiary.

Common-law partners

A common-law partner doesn’t get anything if you die without a will. They might be able to go to court and make a dependant support claim against your estate. A dependant is a person you were supporting financially before you died or a person the law says you must support.