The Intestate Succession Act

The Intestate Succession Act

The rules that apply in the distribution of an estate where there is no will are set out in The Intestate Succession Act, C.C.S.M. c. I85. The general rules are briefly summarized below and while they are not unreasonable or unduly harsh, they may not result in the distribution preferred by the client.

Deceased has a spouse or common-law partner with no children all to spouse or common-law partner.

Deceased has a spouse or common-law partner and children and all of the children are also those of the surviving spouse or common-law partner all to spouse or common-law partner.

Deceased has a spouse or common-law partner and children, and one or more of the children are not of the surviving spouse or common-law partner surviving spouse or common-law partner receives $50,000 (or 1/2 of the estate, whichever is greater).

Deceased has no spouse or common-law partner and has children entire estate goes to the children in equal shares.

Deceased has no spouse, common-law partner or children the estate goes to the parents of the deceased in equal shares.

Deceased has no spouse, common-law partner, children or parents estate goes to siblings on a per capita basis.

In an intestacy, there is no provision for gifts to other family members, friends or charitable institutions.

In an intestacy, there is no provision to determine the timing of an inheritance, such as, when a beneficiary turns 21 years of age.

There is no provision for the inheriting of a specific item or property.