What are the Rules of Intestacy?
When an individual passes away without a will, they die “intestate”. The “rules of intestacy” are written laws (statutory provisions) that describe who receive (inherits) the deceased’s estate (their possessions: this may be property, money, etc.) when there is no will.
Why are the “rules of intestacy” important? They essentially provide a “will written by the law” for those who die without a will or for those who have a will but it does not specify who gets what (the distribution) of their estate, also called “partial intestacy”.
The following flow-chart exemplifies how the rules of intestacy are outlined in the Succession Law Reform Act.
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