Adult Children Inheriting From Parents in Canada
Three adult siblings gather after their mother's funeral with the same set of unspoken questions. Are we entitled to equal shares? What happens to the house we grew up in? One of us moved home to care for her — does that count? And who is in charge of all this? The legal answers are often not the ones families assume, and the gap between expectation and law is where most inheritance disputes are born.
This guide sets out what adult children can and cannot expect when a parent dies in Canada — the surprising breadth of a parent's freedom to decide, the exceptions that protect dependants and (in one province) independent adult children, how intestacy fills the gap when there is no will, and the practical decisions that follow. It is general information for the common-law provinces and territories.
A parent's freedom to decide is broad
The starting principle across most of Canada is testamentary freedom — a competent adult can generally leave their estate to whomever they wish. An independent adult child has no automatic right to a share, and a parent can divide an estate unequally or leave a child nothing at all.
Two exceptions matter. The first is dependant support: a child who relied on the parent financially — because of age, disability, or other circumstances — may be able to claim provision from the estate even if the will leaves them little. The second is geographic. British Columbia is the outlier: under the wills variation provision of its Wills, Estates and Succession Act, even a financially independent adult child can ask the court to rewrite a will that fails to make adequate, just provision for them.[1] Courts there weigh the parent's moral obligations against current social standards, so a bare disinheritance can be challenged in a way that would generally fail elsewhere.
For a deeper treatment of disinheritance and the leading authority on it, see our guides on estranged children and dependant relief in Canada.
When there is no will
If a parent dies intestate, the province's statute decides the shares. Where a surviving married spouse exists, that spouse generally takes a preferential share first — $350,000 in Ontario, for example — and the children share what remains with the spouse.[2] Where there is no surviving spouse, the children typically divide the estate equally among themselves, and the share of a child who has died usually passes to that child's own children.
Intestacy is blunt. It cannot account for a child who was estranged, one who was the primary caregiver, or one with far greater need. That bluntness is the strongest argument for a parent making a will in the first place.
Equal, unequal, and the disputes that follow
Most parents divide their estates equally among children, and equal division is the simplest path to family peace. Unequal gifts — more to the caregiver, less to the estranged child, a special-needs trust for one and outright gifts to the others — are entirely permissible but carry risk. Unequal treatment among children is one of the leading triggers of estate litigation.
A parent who wants to divide unequally should generally do three things: state it clearly in the will, record the reasons (a separate signed memorandum or a frank conversation with a lawyer helps), and consider whether a perceived slight is worth the family cost. See how much to leave each child for the trade-offs.
The family home
The home is usually the largest and most emotionally charged asset. Siblings inheriting it together generally face three options — sell and split the proceeds, keep it in shared ownership, or have one sibling buy out the others. Each has consequences: a sale is clean but final; shared ownership preserves the home but needs a co-ownership agreement to prevent future conflict; a buy-out requires a fair valuation and financing. Our guide on buying out a sibling walks through the tax and mechanics.
The tax you (don't) pay
As an inheriting adult child, you generally pay no tax on receipt. Canada has no inheritance tax, and the estate settles any income tax from the death before distributing.[3] You take inherited property at its date-of-death value, so if you later sell, your gain is measured from that figure. The practical task on your side is record-keeping, not a tax return.
Practical steps for adult children
- Ask the executor — often a sibling — for a copy of the will and a timeline. You are entitled to information about a gift left to you.
- Record date-of-death values for anything you might sell later.
- Decide early, and together, what happens to the home, before sentiment hardens into conflict.
- If you are separating or divorcing, take care to keep the inheritance as excluded property.
- Get legal advice if you suspect the will is invalid, if you were a dependant, or if you are in BC and were left out.
What we focus on at It's Simple Will
The Will Creator helps parents do the thing that prevents most of the heartache above — leave a clear, valid will that says who gets what and why. Most sibling disputes trace back to silence or ambiguity, not to malice. For the broader framework, see our estate planning pillar guide.
Related guides
Citations & sources
- [1]Wills, Estates and Succession Act, SBC 2009, c 13, s 60 — variation of wills — BC Laws, Government of British Columbia
- [2]Succession Law Reform Act, RSO 1990, c S.26 — intestate succession — Government of Ontario
- [3]Doing taxes for someone who died — Canada Revenue Agency
Frequently asked questions
Do adult children have a legal right to inherit from a parent?
Generally not in most provinces. Testamentary freedom lets a parent leave their estate as they wish. The two main exceptions are a child who was financially dependent on the parent, who may claim dependant support, and British Columbia, where the Wills, Estates and Succession Act lets even an independent adult child apply to vary an unfair will.
What do children inherit if a parent dies without a will?
Provincial intestacy rules apply. A surviving married spouse usually takes a preferential share first, then children share the remainder. If there is no surviving spouse, the children generally divide the estate equally, with a deceased child's share typically passing to that child's own children.
Can a parent leave children unequal shares?
Generally yes. A parent can divide an estate unequally or leave a child out entirely, subject to dependant-support law and, in BC, wills variation. Unequal gifts are a leading cause of estate disputes, so a parent doing this is well advised to document the reasons and get legal help.
Do I pay tax when I inherit from my parent?
Generally no tax on receipt. Canada has no inheritance tax, and the income tax triggered by death is normally paid by the estate before distribution. You take inherited property at its date-of-death value, which becomes your cost base if you later sell.
What happens to the family home?
It depends on the will or intestacy shares. Siblings often face a choice to sell and divide the proceeds, keep it jointly, or have one sibling buy out the others. Each route has tax and practical consequences, and disagreement over the home is one of the most common flashpoints.
One sibling cared for our parent — do they get more?
Only if the parent's will provides for it, or in narrow circumstances where a court recognizes a claim. A caregiving child is not automatically entitled to a larger share, which is why parents who want to recognize that care should say so explicitly in the will.