When Your Spouse or Partner Dies

First, a few gentle rules

• You don't have to make big decisions right away. Many people find it helps to wait about a year before selling the house or making major financial moves, if they can.
• Ask for help with the paperwork. Family, friends and professionals can take a lot off your plate.
• Be wary of anyone who rushes you, especially with investment pitches or unexpected calls about your spouse's "accounts". People who've just lost a partner are often targeted by scammers.
• Look after yourself. Our grief support page has local and Ontario-wide help.

Money you may need right away

• Joint bank accounts with right of survivorship usually stay available to you. Accounts in your spouse's name alone are usually frozen.
• Life insurance where you're the named beneficiary is claimed directly by you and is often the quickest source of money.
• The CPP survivor's pension and death benefit have to be applied for through Service Canada. See benefits and insurance claims.
• Your spouse's employer may owe final pay and group insurance, and your health and dental coverage may continue for a time.
• Funeral costs can often be paid by the bank directly from your spouse's account.
• Your lenders will often work with you if money is tight. Call them early.

Your home

• If you owned it together as "joint tenants" (with right of survivorship), it becomes yours. A lawyer can update the title.
• If it was in your spouse's name alone, or you owned it as "tenants in common", their share goes through the estate.
• In Ontario, a surviving married spouse can generally stay in the matrimonial home rent-free for 60 days after the death, even if their name isn't on the title.
• If you rent and you're both on the lease, your tenancy continues.
• Check the mortgage for creditor insurance, and keep the home insurance in place.

RRSPs, RRIFs, TFSAs and pensions

• If you're the named beneficiary of your spouse's RRSP or RRIF, it can usually roll over to your own RRSP or RRIF with no immediate tax.
• If you're the successor annuitant of a RRIF or the successor holder of a TFSA, the account simply continues in your name.
• Pension plans often pay a survivor pension or a lump sum to a spouse. Contact the plan administrator.

Two Ontario deadlines that matter

Six months after the death: the equalization election (married spouses). A surviving married spouse can choose to take what the will (or the intestacy rules) gives them, or instead claim an equalization of net family property under Ontario's Family Law Act. Roughly, that's half the difference between what each spouse built up during the marriage. You generally have six months from the date of death to file the election. If you don't, you're treated as having chosen the will. A court can sometimes extend the deadline, but don't count on it.

Six months after probate: dependant support (married or common-law). If you were financially dependent on your partner and the will (or the intestacy rules) doesn't adequately provide for you, you may be able to ask the court for support from the estate. The application is generally due within six months after the estate trustee is appointed.

If you were common-law

• Without a will, Ontario's intestacy rules don't give you anything automatically.
• You may still receive jointly owned assets, insurance and registered accounts that name you, and the CPP survivor's pension (generally after at least a year of living together).
• You may be able to claim dependant support from the estate.

When there's no will

When you're ready: update your own plans

Your will, powers of attorney and beneficiary designations probably name your spouse. Once the dust settles, update them. It's also a good time to review your insurance and your income plan.

Plan ahead