Inheritance law in Canada
From Infogalactic: the planetary knowledge core
Lua error in package.lua at line 80: module 'strict' not found. Inheritance law in Canada is constitutionally a provincial matter. Therefore, the laws governing inheritance in Canada is legislated by each individual province.
Intestate succession
Where a person dies intestate, the following general rules apply:
- Where the spouse survives, all the estate goes to the spouse.
- Where there is a spouse and a child or children, the estate is divided as follows:[1]
Province | Preferential share to spouse (after debts are paid) | Remaining assets (spouse + 1 child) | Remaining assets (spouse + >1 child) | Notes | |
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British Columbia | $300,000 | 1/2 to spouse, 1/2 to child | 1/3 to spouse, 2/3 to children | "Spouse":
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Alberta | nil | All to spouse, where all of the children are also children of the surviving spouse. Otherwise, prescribed amount or 1/2 (whichever is greater) to spouse, and remainder to child. | All to spouse, where all of the children are also children of the surviving spouse. Otherwise, prescribed amount or 1/2 (whichever is greater) to spouse, and remainder to children. | "Spouse":
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Saskatchewan | $100,000 | 1/2 to spouse, 1/2 to child | 1/3 to spouse, 2/3 to children | "Spouse":
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Manitoba | $50,000 or 1/2 (whichever is greater) | All to spouse, where all of the children are also children of the surviving spouse. Otherwise, 1/2 to spouse, 1/2 to child. | All to spouse, where all of the children are also children of the surviving spouse. Otherwise, 1/2 to spouse, 1/2 to children. | "Spouse":
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Ontario | $200,000 | 1/2 to spouse, 1/2 to child | 1/3 to spouse, 2/3 to children |
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Quebec | nil | 1/3 to spouse, 2/3 to child | 1/3 to spouse, 2/3 to children | "Spouse":
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New Brunswick | Marital property | 1/2 to spouse, 1/2 to child | 1/3 to spouse, 2/3 to children |
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Nova Scotia | $50,000 | 1/2 to spouse, 1/2 to child | 1/3 to spouse, 2/3 to children |
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Prince Edward Island | nil | 1/2 to spouse, 1/2 to child | 1/3 to spouse, 2/3 to children |
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Newfoundland and Labrador | nil | 1/2 to spouse, 1/2 to child | 1/3 to spouse, 2/3 to children |
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Yukon | $75,000 | 1/2 to spouse, 1/2 to child | 1/3 to spouse, 2/3 to children |
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Northwest Territories | $50,000 | 1/2 to spouse, 1/2 to child | 1/3 to spouse, 2/3 to children | "Spouse":
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Nunavut | $50,000 | 1/2 to spouse, 1/2 to child | 1/3 to spouse, 2/3 to children | As for NWT |
- Where there is no surviving spouse but there are surviving children, the estate is divided equally among the children.
- Where there is no surviving spouse or children, the estate devolves according to the rules of consanguinity.
- Where no heir can be determined, the estate is declared bona vacantia and escheats to the Crown.
References
- ↑ Lua error in package.lua at line 80: module 'strict' not found.