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RSNL1990 CHAPTER I-21

INTESTATE SUCCESSION ACT

Amended:

2004 cL-3.1 s42

CHAPTER I-21

AN ACT RESPECTING THE DISTRIBUTION OF ESTATES OF INTESTATES

Analysis



Short title

        1. This Act may be cited as the Intestate Succession Act.

RSN1970 c183 s1

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Interpretation

        2. (1) In this Act

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

             (b)  "issue" means all lineal descendants of a person through all generations.

             (2)  Where the relationship of parent and child must be established at a generation to determine succession by, through or from a person under this Act, that relationship shall be established, where it is applicable, under either

             (a)  theChildren's Law Act ; or

             (b)  theAdoption of Children Act.

             (3)  Notwithstanding paragraph (2)(b), the adoption of a child by the spouse of a parent does not terminate the relationship of parent and child between the child and that parent for purposes of succession under this Act.

RSN1970 c183 s2; 1988 c61 s87

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Application of Act

        3. This Act shall apply only in cases of death after June 14, 1951 .

RSN1970 c183 s3

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Labrador Inuit rights

      3.1 This Act shall be read and applied in conjunction with the Labrador Inuit Land Claims Agreement Act and, where a provision of this Act is inconsistent or conflicts with a provision, term or condition of the Labrador Inuit Land Claims Agreement Act , the provision, term or condition of the Labrador Inuit Land Claims Agreement Act shall have precedence over the provision of this Act.

2004 cL-3.1 s42

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When spouse and child

        4. (1) Where an intestate dies leaving a spouse and 1 child, 1/2 of the estate shall go to the spouse.

             (2)  Where an intestate dies leaving a spouse and children, 1/3 of the estate shall go to the spouse.

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

RSN1970 c183 s4

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Distribution per stirpes

        5. Where an intestate dies leaving issue, the estate of the intestate shall be distributed, subject to the rights of the spouse, per stirpes among the issue.

RSN1970 c183 s5

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Where no issue

        6. Where an intestate dies leaving a spouse but no issue the estate of that intestate shall go to the spouse.

1979 c32 s44

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Where no spouse or issue

        7. Where an intestate dies leaving no spouse, or issue, the estate shall go to the father and mother of the intestate in equal shares if both are living but if either of them is dead the estate shall go to the survivor.

RSN1970 c183 s7

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Where no spouse, issue or parents

        8. Where an intestate dies leaving no spouse, issue, father or mother, the estate of the intestate shall go to the brothers and sisters in equal shares, and if a brother or sister is dead the children of the deceased brother or sister shall take the share their parents would have taken if living.

RSN1970 c183 s8

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Nephews and nieces

        9. Where an intestate dies leaving no spouse, issue, father, mother, brother or sister, the estate of the intestate shall go to the nephews and nieces of the intestate in equal shares and in no case shall representation be admitted.

RSN1970 c183 s9

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Next-of-kin

     10. Where an intestate dies leaving no spouse, issue, father, mother, brother, sister, nephew or niece, the estate of the intestate shall be distributed equally among the next-of-kin of equal degree of consanguinity to the intestate and in no case shall representation be admitted.

RSN1970 c183 s10

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Kindred and half-blood

     11. For the purposes of this Act, degrees of kindred shall be calculated 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.

RSN1970 c183 s11

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Posthumous births

     12. Descendants and relatives of the intestate, begotten before the death of the intestate but born after, shall inherit as if they had been born in the lifetime of the intestate and had survived the intestate.

RSN1970 c183 s12

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Advances for children

     13. (1) Where a child 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, if the advancement is equal to or greater than the share of the estate which the child would be entitled to receive as above reckoned, the child and his or her descendants shall be excluded from a share in the estate; but if the advancement is not equal to the share, the child and his or her descendants shall be 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 a portion advanced shall be considered to be that which has been expressed by the intestate or acknowledged by the child in writing, otherwise the value shall be the value of the portion when advanced.

             (3)  The onus of proving that a child has been maintained or educated, or has been given money, with a view to a portion, shall be upon the person so asserting, unless the advancement has been expressed by the intestate, or acknowledged by the child, in writing.

RSN1970 c183 s13

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Estate undisposed of by will

     14. All of an estate that is not disposed of by will shall be distributed as if the testator had died intestate and had left no other estate.

RSN1970 c183 s14

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Interpretation

     15. This Act shall be interpreted to effect its general purpose of making uniform the law of the provinces that enact it.

RSN1970 c183 s19

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Act continues to apply

     16. Chapter 119 of the Consolidated Statutes (Third Series) entitled "Of the Estates of Intestates " shall, not withstanding its repeal, continue to apply in cases of death before June 14, 1951 .

RSN1970 c183 s20