How is a preferential share divided when there are multiple children involved?

In the context of dividing a preferential share among multiple children, the correct approach is to allocate the share equally among them. The principle of equal division is often applied in estate distribution to ensure fairness and equity among the heirs. This approach is especially relevant in the absence of any specific instructions from the deceased, meaning that each child receives an equal portion of the preferential share, irrespective of their age, needs, or other individual circumstances.

While other choices might suggest alternative methods of distribution, such as basing it on age or allowing a court decision to determine the division, these alternatives do not align with the foundational principle of equality in the absence of specific directions. Similarly, the deceased's wishes—while critically important for overall estate distribution—come into play only if there is a clear and valid will that dictates a different outcome from the default equal sharing. Thus, when no such will exists, equal distribution is the standard practice followed in Ontario estates law for instances like this one.