What is the primary function of intestacy rules in Ontario?

The primary function of intestacy rules in Ontario is to dictate estate distribution when there is no valid will. These rules come into play specifically in situations where an individual passes away without having made a legally recognized will. In such cases, the intestacy rules outline a clear framework for how the deceased's assets and liabilities should be allocated to heirs, ensuring a systematic approach to estate distribution.

Intestacy laws aim to reflect the presumed intentions of the deceased regarding who should inherit their estate, usually prioritizing close family members such as spouses, children, and other relatives in a specific order. This ensures that the estate is distributed fairly and predictably, avoiding potential disputes and uncertainty among potential heirs, who might otherwise have differing views on the distribution of the estate.

In contrast, enforcing the will of a deceased person involves recognizing and implementing the directives laid out in a valid will, which is not applicable in the context of intestacy. Similarly, while guidelines for settling disputes among heirs may be helpful, they do not represent the main purpose of intestacy rules. Lastly, ensuring all debts are paid before distribution is a duty of the estate administrator and applies regardless of whether there is a will; it is not specific to intestacy laws.