Intestate Succession Act

Question 1

Who has the first (best) claim?

Answer 1

The spouse. This also includes registered ‘domestic partnerships’ under s 53 of the NS Vital Statistics Act

Question 2

What does the spouse get?

Answer 2

s 4(1) - if the estate is worth less than $50,000, they get everything

s 4(2) - if the estate is worth more than $50,000, they get the 50k + interest accrued from time of death

s 4(4) - the spouse may “elect” to take the matrimonial home instead of cash (if the estate is worth more than 50k)

Question 3

Definition of matrimonial home?

Answer 3

section 4(3) - primary residence of the deceased and any ‘furnishings’ note: won’t always be the matrimonial home!

Question 4

After the spouse’s claim, who has first claim to the residue of the estate?

Answer 4

s 5 - if there are no kids, spouse gets everything
s 4(5)(a) - if there is spouse + 1 kid, each gets half
s 4(5)(b) - if there is spouse + 2 (or more) kids then the spouse gets 1/3 and the kids split the remaining 2/3

Question 5

What happens if one of the children is dead, but has a surviving heir?

Answer 5

s 4(6) - surviving grandkids can inherit in the parents' place
s 4(7) - 'per stirpes' rule for multiple grandkids

Question 6

No spouse, no kids or grandkids?

Answer 6

s 7 - parents inherit

Question 7

No spouse, no kids (or grandkids), no parents?

Answer 7

s 8 - siblings inherit

Question 8

No spouse, no kids (or grandkids), no parents, no siblings?

Answer 8

s 9 - nieces/nephews inherit equally

Question 9

No spouse, no kids (or grandkids), no parents, no siblings, nieces or nephews?

Answer 9

s 10 - goes to closest surviving relative

Question 10

Special rules (three of them)

Answer 10

s 12 - kids in the womb at time of death can inherit once they are born
s 16 - illegitimate and adopted kids of the intestate can inherit equally with other kids
s 17 - separated spouse “living in adultery” cannot benefit

Question 11

Section 5…

Answer 11

If there are no kids, the spouse gets everything

Question 12

Section 4(1)-(4)

Answer 12

s 4(1) - if the estate is less than $50,000, spouse gets everything
s 4(2) - if the estate is more than $50,000 spouse gets $50k
s 4(3) - 'matrimonial home' means home of the deceased with any furnishings (doesn't need to be family home)
s 4(4) - spouse may "elect" to take the whole matrimonial home instead of cash (if estate is worth more than $50k)

Question 13

Section 4(5)-(7)

Answer 13

s 4(5)(a) - if spouse + 1 kid, each gets 1/2 residue of the estate
s 4(5)(b) - if spouse + 2 (or more) kids, spouse gets 1/3 of residue of estate, the kids split the remaining 2/3
s 4(6) - grandkids can inherit in kid's place
s 4(7) - 'per stirpes' rule for multiple grandkids

Question 14

Section 7

Answer 14

If no surviving spouse or kids or grandkids, then the parents can inherit

Question 15

Section 8

Answer 15

If no surviving spouse, kids, grandkids, or parents, then siblings can inherit

Question 16

Section 9

Answer 16

If no surviving spouse, kids, grandkids, parents, or siblings, then nieces and nephews can inherit.

Question 17

Section 10

Answer 17

If no surviving spouse, kids, grandkids, parents, siblings, nieces or nephews, then next closest surviving relative can inherit.

Question 18

Section 12, 16, 17

Answer 18

s 12 - Kids still in the womb at time of death can inherit along with other kids
s 16 - illegitimate kids of intestate and adopted children inherit equally with other kids
s 17 - separate spouse ‘living in adultery’ disqualified from claim