Dying Without a Will
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A lot of my clients are approaching me with the following question: What happens if I die without a Will?
The governing legislation is Succession Law Reform Act (“the Act”). Your estate will be distributed pursuant to the Act as the following scenario(s) apply to you:
If you are legally married:
If you are legally married and have no children: A legally married spouse is entitled to your entire estate if you have no children [SLRA s.44].
If you are legally married and have children: Your legal spouse (not common law spouse) is entitled to the Preferential Share (i.e. $200,000.00 from the estate).
If your estate is more than $200,000.00: Then your spouse gets the Preferential Share (i.e. $200,000.00) and the balance goes to your children. If you have 1 child, then the remainder of the estate is balanced equally between your spouse and your child. If you have 2 children, then your spouse takes one-third (1/3) of the balance of your estate and the remainder is divided equally between the 2 children [SLRA s.46].
If your estate is less than $200,000.00 : The entire estate goes to your legal spouse irrespective of whether you have any children or not [SLRA s.45(1)].
If you are not legally married:
If you are not legally married and have children but no spouse: Your estate is distributed equally among the children , on a “per stirpes” basis. This means that if a child pre-deceases you, then the estate will go to your child’s children.
You have no spouse and no children: The estate goes to your parents. If both parents are alive, the estate will pass to them both equally [SLRA s. 47(3)].
You have no spouse, no children and no parents: The estate is divided among your siblings. If any sibling pre-deceases you and leaves a child, then that sibling’s share goes to the living child.
You have no immediate family: The estate goes to your nephews/nieces equally [SLRA s.47(5)].
None of the above: Your nearest next-of-kin of equal degree [SLRA s.47(6),(8)].
No Next-of-Kin: The estate becomes the property of the Crown [SLRA s.47(8)].
Disclaimer: This blog is for educational purposes only, may not be current or up-to-date and shall not be deemed to be legal advise. Visit website terms form details >.