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CHAPTER 236

OF THE

REVISED STATUTES, 1989

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

NOTE - This electronic version of this statute is provided by the Office of the Legislative Counsel for your convenience and personal use only and may not be copied for the purpose of resale in this or any other form. Formatting of this electronic version may differ from the official, printed version. Where accuracy is critical, please consult official sources.

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 charges thereon and the debts, funeral expenses, expenses of administration, 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 first day of September, 1966.

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

Surviving spouse

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

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

(3) In this Section,

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

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

(4) Where the surviving spouse is entitled to fifty thousand dollars pursuant to subsection (2), the surviving spouse may elect to receive the home

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

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

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

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

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

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

(7) If an intestate dies leaving issue, the intestate's estate shall be distributed, subject to the right of the surviving spouse, if any, per stirpes among 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, the intestate'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 the requirements of an election by the surviving spouse pursuant to subsection (4) of Section 4 and determine what forms or documentation are required to evidence such election and the requirements of recording such election in any court of probate or registry of deeds.

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

No surviving spouse or issue

7 If an intestate dies leaving no surviving spouse or issue, the intestate's estate shall go to the intestate's father and mother in equal shares if both are living, but, if either of them is dead, the estate shall go to 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 or mother, the intestate's estate shall go to the intestate's brothers and sisters in equal shares, and if any brother or sister is dead, the children of the deceased brother or sister shall take the share their parent would have taken 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's nephews and nieces in equal shares and in no case shall representation be admitted. 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 in equal shares to the next of kin of equal degree of consanguinity to the intestate 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 computed by counting upward from the intestate to the nearest common ancestor and then downward to the relative and the kindred of the half-blood shall inherit 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 the intestate's death but born thereafter, shall inherit as if they had been born in 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 wholly intestate has been advanced by the intestate by portion, the portion shall be reckoned, for the purposes of this Section only, as part of the estate of the intestate distributable according to law and

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

(b) if the advancement is not equal to such share, the child or grandchild and their descendants are entitled to receive so much only of the estate of the intestate as is sufficient to make all the shares of the children in the estate and advancement equal as nearly as can be estimated.

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

(3) The onus of proving that a child or grandchild has been maintained or educated, or has been given money, with a view to a portion, is upon the person so asserting, unless the advancement has been expressed by the 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 be distributed 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 fee simple shall descend and be chargeable with the person's debts in like manner 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 her deceased husband dying intestate, and no husband is entitled to an estate by 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 as if 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 the time of his death, she shall take no part of her husband's estate under this Act.

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

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