Intestate Succession Act

Link to law: http://nslegislature.ca/legc/statutes/intestat.htm
Published: 2016-01-05

Intestate Succession Act

CHAPTER 236 OF THE REVISED STATUTES, 1989

amended 1999 (2nd Sess.), c. 8, s. 7size>

An Act to Make Uniform
the Law Respecting the
Distribution of Estates of Intestates

Short title
1 This Act may be cited as the Intestate Succession Act. R.S., c. 236,s. 1.

Interpretation
2 In this Act,

(a) "estate" includes both real and personal property;

(b) "issue" includes all lawful lineal descendants of the ancestor;

(c) "net value" means the value of the estate, wherever situate,both within and without the Province, after payment of the chargesthereon and the debts, funeral expenses, expenses ofadministration, succession duty and estate tax. R.S., c. 236, s. 2.

Application of Act
3 (1) This Act applies only in cases of death on or after the firstday of September, 1966.

(2) Chapter 69 of the Revised Statutes, 1954, the Descent of PropertyAct, does not apply to cases of death on or after the first day ofSeptember, 1966. R.S., c. 236, s. 3.

Surviving spouse
4 (1) If an intestate dies leaving a surviving spouse and issue, theintestate's estate, where the net value does not exceed fifty thousanddollars, shall go to the surviving spouse.

(2) Where the net value of the estate exceeds fifty thousand dollars, thesurviving spouse is entitled to fifty thousand dollars and has a chargeupon the estate for that sum with accrued interest from the date of thedeath of the intestate.

(3) In this Section,

(a) "home" means a dwelling owned and occupied as theprincipal residence by the intestate at the date of death of theintestate and includes any land appurtenant thereto and allhousehold goods and furnishings of the dwelling;

(b) the value of the home shall be the fair market valueless any charges attaching thereto.

(4) Where the surviving spouse is entitled to fifty thousand dollarspursuant to subsection (2), the surviving spouse may elect to receive thehome

(a) in lieu of the said fifty thousand dollars where thevalue of the home is in excess of fifty thousand dollars; or

(b) as part of the said fifty thousand dollars where thevalue of the home does not exceed fifty thousand dollars.

(5) The residue of the estate shall be divided among the survivingspouse and children in the manner following:

(a) if the intestate dies leaving a surviving spouse and onechild, one half shall go to the surviving spouse;

(b) if the intestate dies leaving a surviving spouse andmore than one child, one third shall go to the survivingspouse.

(6) If a child has died leaving issue and the issue is alive at the date ofthe intestate's death, the surviving spouse shall take the same share of theestate as if the child had been living at that date.

(7) If an intestate dies leaving issue, the intestate's estate shall bedistributed, subject to the right of the surviving spouse, if any, per stirpesamong the issue. R.S., c. 236, s. 4.

Surviving spouse but no issue
5 If an intestate dies leaving a surviving spouse but no issue, theintestate's estate shall go to the surviving spouse. R.S., c. 236, s. 5.

Regulations respecting election by surviving spouse
6 (1) The Attorney General may by regulation prescribe therequirements of an election by the surviving spouse pursuant tosubsection (4) of Section 4 and determine what forms or documentationare required to evidence such election and the requirements of recordingsuch election in any court of probate or registry of deeds.

(2) The exercise by the Attorney General of the power conferred bysubsection (1) shall be a regulation within the meaning of the RegulationsAct. R.S., c. 236, s. 6.

No surviving spouse or issue
7 If an intestate dies leaving no surviving spouse or issue, theintestate's estate shall go to the intestate's father and mother in equalshares if both are living, but, if either of them is dead, the estate shall goto the survivor. R.S., c. 236, s. 7.

No surviving spouse, issue or parent
8 If an intestate dies leaving no surviving spouse, issue, father ormother, the intestate's estate shall go to the intestate's brothers and sistersin equal shares, and if any brother or sister is dead, the children of thedeceased brother or sister shall take the share their parent would havetaken if living. R.S., c. 236, s. 8.

Distribution to niece and nephew
9 If an intestate dies leaving no surviving spouse, issue, father,mother, brother or sister, the intestate's estate shall go to the intestate'snephews and nieces in equal shares and in no case shall representation beadmitted. R.S., c. 236, s. 9.

Distribution to next of kin
10 If an intestate dies leaving no surviving spouse, issue, father,mother, brother, sister, nephew or niece, the intestate's estate shall go inequal shares to the next of kin of equal degree of consanguinity to theintestate and in no case shall representation be admitted. R.S., c. 236, s. 10.

Computation of degrees of kindred
11 For the purposes of this Act, degrees of kindred shall be computedby counting upward from the intestate to the nearest common ancestorand then downward to the relative and the kindred of the half-blood shallinherit equally with those of the whole-blood in the same degree. R.S.,c. 236, s. 11.

Child en ventre sa mère
12 Descendants and relatives of the intestate, begotten before theintestate's death but born thereafter, shall inherit as if they had been bornin the lifetime of the intestate and had survived the intestate. R.S., c. 236,s. 12.

Advancement
13 (1) If a child or grandchild of a person who has died whollyintestate has been advanced by the intestate by portion, the portion shallbe reckoned, for the purposes of this Section only, as part of the estate ofthe intestate distributable according to law and

(a) if the advancement is equal to or greater than the shareof the estate that the child or grandchild would be entitled toreceive as above reckoned, the child or grandchild and theirdescendants shall be excluded from any share in the estate;but

(b) if the advancement is not equal to such share, the childor grandchild and their descendants are entitled to receive somuch only of the estate of the intestate as is sufficient tomake all the shares of the children in the estate andadvancement equal as nearly as can be estimated.

(2) The value of any portion advanced shall be deemed to be thatwhich has been expressed by the intestate or acknowledged by the childor grandchild in writing, otherwise the value is the value of the portionwhen advanced.

(3) The onus of proving that a child or grandchild has been maintainedor educated, or has been given money, with a view to a portion, is uponthe person so asserting, unless the advancement has been expressed bythe intestate or acknowledged by the child or grandchild in writing. R.S.,c. 236, s. 13.

Estate not disposed of by will and lands held in trust
14 (1) All such estate as is not disposed of by will shall bedistributed as if the testator had died intestate and had left no other estate.

(2) The interest of any person in lands held in trust for the person in feesimple shall descend and be chargeable with the person's debts in likemanner as if the person had died seised thereof. R.S., c. 236, s. 14.

Dower and curtesy
15 Subject to this Act, no widow is entitled to dower in the land of herdeceased husband dying intestate, and no husband is entitled to an estateby curtesy in the land of his deceased wife so dying. R.S., c. 236, s. 15.

Illegitimate child
16 For the purposes of this Act, an illegitimate child shall be treated asif the child were the legitimate child of the child's mother or father. R.S.,c. 236, s. 16; 1999 (2nd Sess.), c. 8, s. 7.

Adultery
17 (1) If a wife has left her husband and is living in adultery at thetime of his death, she shall take no part of her husband's estate under thisAct.

(2) If a husband has left his wife and is living in adultery at the time ofher death, he shall take no part of his wife's estate under this Act. R.S.,c. 236, s. 17.
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