Barrister & Solicitor

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ABOUT
CONTACT
FAMILY LAW:
Marriage or Cohabitation
Agreements
Marriage Breakdown or Breakdown of a Common Law Spousal or Same-Sex Partner Relationship
Conclusion/Disclaimer
WILLS & ESTATES:
Wills
Probate Taxes
Intestacy
Rights of Surviving Spouse & Dependants
Conclusion/Disclaimer
MAIN PAGE


Wills & Estates: Intestacy

When a person dies without a will, an “intestacy” results, and the person is described as “intestate”.

Where the person dies intestate in respect of property, and is survived by a spouse and not survived by any issue, the surviving spouse is entitled to the property of the deceased spouse absolutely.

Where the deceased person is survived by a spouse and by issue, the first $200,000 of the estate passes to the spouse. If there is one surviving child, the balance in excess of $200,000 is divided equally between the surviving child and the spouse. If there is more than one surviving child, one-third of the balance in excess of $200,000 passes to the spouse, and the remaining two-thirds is divided equally among the children. If the deceased is not survived by a spouse or any children, the estate is divided among the parents, siblings, and then closest next-of-kin, in that descending order of priority.

Note that a “spouse” is defined for purposes of the law of intestacy as meaning “either of a man or a woman who are married to each other”. This definition does not include a common law spouse or same-sex partner.