7. INTESTATE

1. What Happens If I Die Without a Will in Alberta?

In Alberta, if you pass away without a will, your estate is distributed according to the Wills and Succession Act. The Act provides clear guidelines on how your assets are divided among your surviving relatives.

Distribution Rules:

• Surviving Spouse or Adult Interdependent Partner and No Descendants:
  • The entire estate goes to the surviving spouse or adult interdependent partner.
• Surviving Spouse or Adult Interdependent Partner and Descendants:
  • If all of the intestate’s descendants are also descendants of the surviving spouse or adult interdependent partner, the entirety of the estate goes to the surviving spouse or partner.
  • If any of the intestate’s descendants are not descendants of the surviving spouse or partner:
    • The spouse or partner is entitled to the greater of the prescribed amount or 50% of the net value of the intestate estate.
    • The residue of the estate is distributed among the intestate’s descendants.
• Both Surviving Spouse and Adult Interdependent Partner:
  • If there are descendants:
    • 1/2 of the share provided by the law goes to the surviving spouse, and the other 1/2 goes to the surviving adult interdependent partner.
  • If there are no descendants:
    • 1/2 of the estate goes to the surviving spouse, and the other 1/2 goes to the surviving adult interdependent partner.
• No Surviving Spouse or Adult Interdependent Partner, Only Descendants:
  • The entire estate is distributed equally among the descendants. If a child has predeceased the intestate but left issue (grandchildren), the grandchildren inherit the deceased child’s share.
• No Surviving Spouse, Adult Interdependent Partner, or Descendants:
  • The estate is divided equally between the deceased’s parents.
  • If only one parent survives, the entire estate goes to the surviving parent.
  • If there are no surviving parents, the estate is divided equally among the deceased’s siblings.
  • If any sibling has predeceased the intestate, their children (nieces/nephews) inherit their share.
  • If there are no surviving siblings, nieces/nephews, or other close relatives, the estate is distributed to more distant relatives based on their degree of kinship.
  • If no kin survives, the estate escheats to the Crown.

Important Notes:

• Separated Spouse Deemed Predeceased: A surviving spouse may be deemed to have predeceased the intestate if they had been living separate and apart for more than 2 years, had a declaration of irreconcilability under the Family Law Act, or had an agreement or order indicating a final separation.
• Advancements to Children: Any advancements made to children during the intestate’s lifetime are considered part of their share of the estate, reducing what they inherit upon the intestate’s death.
• No Heirs: If there are no individuals entitled to inherit, the estate will be dealt with under the Unclaimed Personal Property and Vested Property Act.

2. What Happens If I Die Without a Will in British Columbia?

In British Columbia, if you pass away without a will, your estate is distributed according to the Wills, Estates and Succession Act (WESA). The law ensures that your estate is passed on to your closest relatives in a specific order.

Distribution Rules:

• Surviving Spouse and No Descendants:
  • The entire estate goes to the surviving spouse
• Surviving Spouse and Descendants:
  • Spouse’s Preferential Share: The surviving spouse is entitled to a preferential share of the estate. As of March 31, 2014, this amount is $300,000 if all descendants are from the current marriage, or $150,000 if the deceased has descendants from another relationship.
  • Remaining Estate:
    • If one child: The remainder is split equally between the spouse and the child
    • If more than one child: The spouse receives one-third of the remainder, and the children share the other two-thirds equally
• No Surviving Spouse:
  • To Descendants: The entire estate is distributed among the deceased’s descendants (children, grandchildren) equally per stirpes (by branch)
  • No Descendants: The estate goes to the parents, equally if both are alive, or entirely to the surviving parent
  • No Parents: The estate is divided among the deceased’s siblings or their descendants
  • No Siblings or Descendants: The estate passes to more distant relatives, following the next of kin hierarchy
  • No Relatives: If there are no surviving relatives, the estate escheats to the government

Important Notes:

• Common-Law Spouses: Under WESA, common-law spouses have the same rights as legally married spouses if they lived together in a marriage-like relationship for at least two years
• Survivorship Requirement: Beneficiaries must survive the deceased by five days to inherit; otherwise, they are treated as predeceased
• Distribution to Half-Blood Relatives: Half-blood relatives inherit equally with full-blood relatives in the same degree
• Advancements: If the deceased gave a significant gift to an heir during their lifetime, it might be considered an advancement and deducted from that heir’s share
• Escheatment: If there are no eligible relatives, the estate passes to the provincial government

3. What Happens If I Die Without a Will in Manitoba?

In Manitoba, intestate succession is governed by the Intestate Succession Act (C.C.S.M. c. I85). The Act dictates how your estate is distributed if you die without a will, ensuring it goes to your closest relatives.

Distribution Rules:

• Surviving Spouse or Common-law Partner:
  • No Issue: The entire estate goes to the surviving spouse or common-law partner
  • Issue All Shared: If all the children (issue) are also children of the surviving spouse, the entire estate goes to the surviving spouse
  • Issue Not Shared: If some of the children are not shared with the partner:
    • The surviving spouse or partner receives $50,000 or half of the estate, whichever is greater, and
    • Also gets half of any remaining estate
• Distribution to Kindred:
  • Surviving Issue: The estate is distributed per capita at each generation
  • No Issue: The estate goes to the parents equally, or to the surviving parent. If no parents are alive, it goes to siblings or their descendants, and then to more distant relatives if necessary

Important Notes:

• Rights of Separated Spouse or Common-law Partner:
  • Separated Spouse: If the separation conditions are met (e.g., divorce proceedings or property division), the spouse is treated as if they predeceased the intestate
  • Separated Common-law Partner: Similar rules apply, with additional conditions like registration of relationship dissolution or significant separation period
• Priority Between Spouse and Common-law Partner: The most recent relationship has priority in claims, but not over claims under The Family Property Act
• Survival Requirement: A successor must survive the intestate by 15 days to inherit. If survival within this period isn’t certain, the successor is treated as if they predeceased the intestate
• No Successors: If there are no successors, the estate goes to the Crown
• Advancements: Property given to a successor during the intestate’s lifetime is considered an advancement if declared or acknowledged. It affects the distribution if the value of the advancement equals or exceeds the share
• Estate Not Disposed by Will: Estate not disposed of by will is distributed under this Act
• Homesteads Act: Rights under this Act are in addition to entitlements under The Homesteads Act
• Applicability: The Act applies to deaths on or after its commencement date. For estates of those who died before, the previous laws continue in force

4. What Happens If I Die Without a Will in New Brunswick?

In New Brunswick, the distribution of an estate when someone dies without a will is governed by the Devolution of Estates Act. The Act dictates how the estate is allocated among surviving relatives.

Distribution Rules:

• Surviving Spouse and No Issue: The entire estate goes to the surviving spouse.
• Surviving Spouse and One Child: The surviving spouse receives one-half of the estate.
• Surviving Spouse and Multiple Children: The surviving spouse receives one-third of the estate, with the remainder shared among the children.
• No Spouse, But Issue: The estate is divided equally among the deceased’s children.
• No Spouse or Issue: The estate is divided equally between the deceased’s parents.
• No Spouse, Issue, or Parents: The estate is distributed among siblings or their descendants.
• No Immediate Family: The estate is distributed among next of kin of equal degree of consanguinity.

Important Notes:

• Representation: Allows descendants of a deceased heir to inherit in place of the deceased heir.
• Advancement to Children: Any advancement to children during the intestate’s lifetime is factored into the distribution.

5. What Happens If I Die Without a Will in Newfoundland and Labrador?

In Newfoundland and Labrador, the distribution of an estate without a will is governed by the Intestate Succession Act, 1996. The Act ensures that the estate is distributed among the next of kin according to a set order.

Distribution Rules:

• Surviving Spouse and No Issue: The entire estate goes to the surviving spouse.
• Surviving Spouse and One Child: The surviving spouse receives one-half of the estate.
• Surviving Spouse and Multiple Children: The surviving spouse receives one-third of the estate, with the remainder distributed among the children.
• No Spouse, But Issue: The estate is divided among the children. If a child is deceased, their children (grandchildren) inherit their share
• No Spouse or Issue: The estate is divided equally between surviving parents, or to the surviving parent.
• No Spouse, Issue, or Parents: The estate is divided among siblings or their descendants.
• No Immediate Family: The estate is distributed among next of kin of equal degree.

Important Notes:

• Advancement to Children: Any advancement given to a child during the lifetime of the deceased is considered part of the estate.
• Posthumous Births: Descendants conceived before but born after the intestate’s death inherit as if they were alive at the time of death.

6. What Happens If I Die Without a Will in Northwest Territories?

Here is a summary of the intestacy laws for the Northwest Territories based on the Intestate Succession Act:

Distribution Rules:

• Estate under $100,000:
  • If the deceased leaves behind a spouse and issue (children or descendants), the entire estate goes to the surviving spouse if the net value of the estate does not exceed $100,000.
• Estate exceeding $100,000:
  • The surviving spouse is entitled to the first $100,000, with a legal charge on the estate for that amount, including interest from the date of death.
  • The spouse can choose to take the family home in place of this $100,000 if the home’s value exceeds $100,000, or as part of it if the home’s value is less.
• Residue of Estate after $100,000:
  • If the estate’s value exceeds $100,000, the remaining estate is divided:
    • One child: The spouse gets half of the residue.
    • More than one child: The spouse gets one-third of the residue, and the remaining is divided equally among the children.
• Surviving Issue:
  • If a child of the deceased dies before the deceased but leaves behind descendants, these descendants inherit as if the child had been alive.
• No Surviving Spouse but Issue:
  • If there is no surviving spouse but there are issue, the estate is distributed per stirpes among the descendants.
• No Spouse or Issue:
  • Parents: If both parents are alive, they inherit equally. If one is deceased, the surviving parent inherits the entire estate.
  • Siblings: If no parents are alive, the estate goes to the siblings equally. If a sibling is deceased, their children (the deceased’s nieces and nephews) inherit their share.
  • Next of Kin: If there are no siblings or nieces and nephews, the estate goes to the next of kin, distributed equally among those of the nearest degree of consanguinity.
• No Other Relatives:
  • If no next of kin can be found, the estate escheats to the Crown.

Important Notes:

• Half-Blood Relatives: Inherit equally with full-blood relatives of the same degree.
• Descendants Conceived Before Death: Inherit as if they were alive at the time of the deceased’s death.
• Advancements: Any advancements made by the deceased to a child during their lifetime are considered part of the child’s share of the estate unless the advancement is equal to or greater than their share.

7. What Happens If I Die Without a Will in Nova Scotia?

The intestacy laws in Nova Scotia are governed by the Intestate Succession Act (Revised Statutes, 1989, amended 1999). Here’s an overview of how the estate of a person who dies intestate (without a will) is distributed in Nova Scotia:

Distribution Rules:

• Surviving Spouse and Issue (Children or Descendants)
  • If the deceased leaves a surviving spouse and issue (children or other descendants):
    • Estate Net Value ≤ $50,000: The entire estate goes to the surviving spouse.
    • Estate Net Value > $50,000:
      • The surviving spouse is entitled to the first $50,000 of the estate. This amount is a charge upon the estate with accrued interest from the date of death.
      • Residue of the Estate:
        • If there is one child, the surviving spouse receives half of the remaining estate.
        • If there are more than one child, the surviving spouse receives one-third of the remaining estate.
      • If a child of the deceased has predeceased but left issue, those issue (grandchildren) inherit the share that would have gone to the child.

• Surviving Spouse but No Issue
  • If the deceased leaves only a surviving spouse and no issue, the entire estate goes to the surviving spouse.

• No Surviving Spouse or Issue
  • If the deceased leaves no surviving spouse or descendants, the estate is distributed as follows:
    • Parents: The estate is divided equally between the parents if both are living. If only one parent is alive, the entire estate goes to that parent.
    • Siblings: If no parents are alive, the estate is divided equally among the siblings. If a sibling has predeceased but left descendants, those descendants inherit the share that would have gone to the sibling.
    • Nieces and Nephews: If no siblings are alive, the estate is divided equally among nieces and nephews. Representation is not admitted beyond this point.

• No Surviving Spouse, Issue, Parents, Siblings, or Nieces/Nephews
  • If there are no surviving spouse, descendants, parents, siblings, nieces, or nephews, the estate is distributed equally among the next of kin of equal degree of consanguinity to the deceased.

Important Notes:

• Computation of Degrees of Kindred: Degrees of kindred (relationship by blood) are calculated by counting upward from the deceased to the nearest common ancestor and then downward to the relative.

• Posthumous Births: Descendants or relatives conceived before the death of the deceased but born thereafter inherit as if they had been born in the lifetime of the deceased and survived them.

• Advancement to Children: Any portion advanced to a child during the deceased’s lifetime is accounted for when distributing the estate. If the advancement equals or exceeds the share the child would have received, that child is excluded from any further share in the estate. If the advancement is less, the child is entitled only to the amount that brings their total share to an equal level with other children.

• Estate Not Disposed of by Will: Any part of the estate not disposed of by will is distributed as if the deceased had died intestate, and lands held in trust for the deceased in fee simple descend and are chargeable with the deceased’s debts.

• Abolition of Dower and Curtesy: 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 dying intestate.

• Illegitimate Children: Illegitimate children are treated as if they were the legitimate children of their mother or father for the purposes of inheritance.

• Adultery: If a spouse is living in adultery at the time of the deceased spouse’s death, they are excluded from inheriting under this Act.

8. What Happens If I Die Without a Will in Nunavut?

In Nunavut, if you pass away without a will, your estate is distributed according to the Intestate Succession Act. The Act outlines the rules on how your assets are divided among your surviving relatives.

Distribution Rules:

• Surviving Spouse and No Issue (Children):
  • The entire estate goes to the surviving spouse.
• Surviving Spouse and Issue (Children):
  • If the net value of the estate is ≤ $50,000, the spouse inherits the entire estate.
  • If the net value of the estate is > $50,000, the spouse receives the first $50,000.
  • The spouse may elect to receive the home instead of the $50,000 if the home’s value exceeds $50,000 or as part of the $50,000 if it is less than $50,000.
  • Residue of the estate:
    • One child: Spouse gets 50% of the remaining estate; the child inherits the other 50%.
    • More than one child: Spouse gets one third of the remaining estate; the children share the remaining two-third.
  • Grandchildren: If a child has predeceased the intestate but left issue (grandchildren), they inherit the same share as if the child were alive.
• No Surviving Spouse, Only Issue (Children):
  • The entire estate is distributed equally among the children. If a child has predeceased the intestate but left issue (grandchildren), the grandchildren inherit the deceased child’s share.
• No Surviving Spouse or Issue (Children):
  • The estate is divided equally between the deceased’s parents.
  • If only one parent survives, the entire estate goes to the surviving parent.
  • If there are no surviving parents, the estate is divided equally among the deceased’s siblings.
  • If any sibling has predeceased the intestate, their children (nieces/nephews) inherit their share.
  • If there are no surviving siblings or nieces/nephews, the estate goes to the next of kin of equal degree of consanguinity.
  • If no kin survive, the estate escheats to the Crown.

Important Notes:

• Advancements to Children: Any advancements made to children during the intestate’s lifetime are considered part of their share of the estate, reducing what they inherit upon the intestate’s death.
• Exclusions of Spouse: A spouse will not inherit if divorce proceedings were commenced, the spouses were separated, or the surviving spouse was cohabiting with another person at the time of the intestate’s death.

9. What Happens If I Die Without a Will in Ontario?

In Ontario, if you pass away without a will, your estate is distributed according to the Succession Law Reform Act. The Act sets out specific rules on how your assets are distributed among your surviving relatives.

Distribution Rules:

• Surviving Spouse and No Issue:
  • The entire estate goes to the surviving spouse
• Surviving Spouse and Issue:
  • Net Value ≤ Preferential Share: If the net value of the estate is less than or equal to the preferential share, the spouse inherits the entire estate
  • Net Value > Preferential Share: If the net value of the estate exceeds the preferential share:
    • One Child: The spouse receives a preferential share and the remainder is split equally between the spouse and the child
    • More than One Child: The spouse receives a preferential share and 1/3 of the remainder. The remaining 2/3 is divided equally among the children
    • Grandchildren: If a child has predeceased the intestate but left issue (grandchildren), they inherit the same share as if the child were alive
• Preferential Share Amount:
  • For deaths occurring before March 1, 2021: The preferential share is $200,000
  • For deaths occurring on or after March 1, 2021: The preferential share is $350,000
• Distribution Beyond Spouse and Issue:
  • No Spouse or Issue: The estate is divided equally between the deceased’s parents, or it goes entirely to the surviving parent
  • No Spouse, Issue, or Parents: The estate goes to surviving siblings, or their children if a sibling predeceased the intestate
  • No Spouse, Issue, Parents, Siblings, or Nieces/Nephews: The estate is distributed among the next of kin of equal degree of consanguinity
  • No Surviving Kin: The estate becomes property of the Crown under the Escheats Act, 2015
• Non-application of Intestacy Rules to Separated Spouses:
  • If spouses are separated at the time of death, the intestacy rules regarding spousal entitlement do not apply. Separation is determined if, before death, the spouses:
    • Lived separate and apart for three years due to marriage breakdown,
    • Entered into a valid separation agreement,
    • Had a court order or family arbitration award related to the breakdown of the marriage, and were living apart at the time of death
  • This applies only if these conditions occurred on or after the implementation of Schedule 9 of the Accelerating Access to Justice Act, 2021.

Important Notes:

• Next of Kin: Degrees of kindred are determined by counting upward to the nearest common ancestor and downward to the relative. Both half-blood and whole-blood relatives inherit equally.
• Unborn Descendants: Descendants conceived before but born after the intestate’s death inherit as if they were alive at the time of death. The same applies to descendants conceived and born alive posthumously, if certain conditions are met
• Abolition of Curtesy: The common law right of a widower to curtesy is abolished under Ontario law
• Applicability: This section applies to any intestacy resulting from deaths occurring on or after March 31, 1978

10. What Happens If I Die Without a Will in Prince Edward Island (PEI)?

In Prince Edward Island, the distribution of an estate when someone dies without a will is governed by the Probate Act. The rules ensure that the estate is distributed fairly among surviving family members.

Distribution Rules:

• Surviving Spouse and No Issue: The surviving spouse inherits the entire estate.
• Surviving Spouse and One Child: The surviving spouse receives one-half of the estate.
• Surviving Spouse and Multiple Children: The surviving spouse receives one-third of the estate, and the remaining portion is divided equally among the children.
• No Spouse, But Issue: The estate is divided equally among the children, If a child is deceased, their children (grandchildren) inherit their share
• No Spouse or Issue: The estate is divided equally between the deceased’s surviving parents.
• No Spouse, Issue, or Parents: The estate is divided equally among siblings, or their children if a sibling predeceased the intestate.
• No Immediate Family: The estate goes to the next-of-kin of equal degree of consanguinity.
• Posthumous Births: Posthumous descendants inherit as if they were born during the intestate’s lifetime.

Important Notes:

• Advancement to Children: Any advancement made to children during the intestate’s lifetime is considered part of the estate and adjusted in the distribution.
• Cohabiting Surviving Spouse: If the surviving spouse was cohabiting with another person at the time of death, they receive no share.

11. What Happens If I Die Without a Will in Quebec?

In Quebec, the distribution of an estate when someone dies without a will is governed by the Civil Code of Quebec. The rules are designed to ensure that the estate is allocated fairly among surviving family members.

Distribution Rules:

• Surviving Spouse and no Descendants
  • The surviving spouse inherits 100% of the estate.
• Surviving Spouse and Descendants:
  • If the deceased is survived by both a spouse and descendants, the spouse inherits one-third of the estate, and the descendants share the remaining two-thirds.
  • If there is no spouse, the entire estate goes to the descendants.
• Surviving Children, No Spouse
  • The entire estate is divided equally among the children.
• Surviving Spouse and Parents (No Children)
  • The spouse inherits 2/3 of the estate.
  • The remaining 1/3 is divided equally between the parents. If only one parent is alive, they receive the entire 1/3 share.
• Surviving Spouse and Siblings (No Children, No Parents)
  • The spouse inherits 2/3 of the estate.
  • The remaining 1/3 is divided equally among the siblings.
• No Spouse, Children, Parents, or Siblings Survive:
  • The estate is divided equally between the maternal and paternal lines of the deceased.
  • Within each line, the closest living relatives inherit. If no close relatives exist in one line, the other line inherits the entire estate.
• No Heirs Within the Eighth Degree:
  • The estate passes to the State of Quebec.

Important Notes:

• Acceptance of Succession: Acceptance of the succession can be express or tacit and includes actions that imply acceptance. If a successor fails to act within six months, they are presumed to have accepted the succession.
• Rights of Minors and Protected Persons: Minors and individuals under protection may have their succession managed by representatives or legal guardians.
• Eligibility to Inherit: Individuals who are alive at the time of death, including presumed alive absentees and unborn children (if they are born alive and viable), may inherit.
• Unworthy Heirs: Individuals who have attempted to harm the deceased, who have been deprived of parental authority, or who have committed other serious offenses against the deceased may be declared unworthy of inheriting.

12. What Happens If I Die Without a Will in Saskatchewan?

In Saskatchewan, if you die without a will, your estate is distributed according to The Intestate Succession Act, 2019. This Act outlines how your assets are divided among your surviving relatives.

Distribution Rules:

• Surviving Spouse and No Children (Descendants):
  • The entire estate goes to the surviving spouse.
• Surviving Spouse and Children from the Same Relationship:
  • The spouse receives the entire estate.
• Surviving Spouse and Children from Different Relationships:
  • If there is one child:
    • The spouse receives a preferential share of $200,000.
    • The remainder is split equally between the spouse and the child.
  • If there is more than one child:
    • The spouse receives 1/3 of the estate.
    • The remaining 2/3 is divided equally among the children.
• No Surviving Spouse, Only Descendants:
  • The estate is divided equally among the children.
  • If a child has predeceased the intestate but left issue (grandchildren), the grandchildren inherit the deceased child’s share.
• No Surviving Spouse or Descendants:
  • The estate is divided equally between the deceased’s parents.
  • If only one parent survives, the entire estate goes to the surviving parent.
  • If there are no surviving parents, the estate is divided equally among the deceased’s siblings.
  • If any sibling has predeceased the intestate, their children (nieces/nephews) inherit their share.
  • If there are no surviving siblings, nieces/nephews, or other close relatives, the estate is distributed to more distant relatives based on their degree of kinship.
  • If no kin survive, the estate escheats to the Crown.

Important Notes:

• Living Separate and Apart: A spouse who has been living separate and apart from the intestate for two years does not receive a share of the estate.
• Verification of Beneficiaries: Beneficiaries are verified through heirship affidavits, and additional documentation such as birth, death, and marriage certificates may be required.
  • In some cases, DNA testing may be used to verify heirs.
• Distribution Timing: In certain circumstances, the estate cannot be distributed for six months after obtaining Letters Probate or Letters of Administration. These circumstances include:
  • Claims by dependants under The Dependants’ Relief Act, 1996.
  • Claims by a legal, common-law, or same-sex spouse not named as the sole beneficiary of the estate.
• Hiring an Heir Locator: If beneficiaries are difficult to locate, an heir locator may be hired. If they cannot locate all beneficiaries, the executor or administrator may need to apply to the court for directions on distributing the estate.

13. What Happens If I Die Without a Will in Yukon?

In Yukon, the distribution of an estate when someone dies intestate (without a will) is governed by the Estate Administration Act. Here’s a breakdown of how the estate is distributed under various circumstances:

Distribution Rules:

• Spouse but No Issue
  • If a person dies intestate leaving only a spouse and no descendants, the entire estate goes to the spouse.

• Spouse and Issue
  • If the deceased leaves both a spouse and descendants, the estate distribution depends on its net value:
    • If the estate’s net value is $75,000 or less, the entire estate goes to the spouse.
    • If the net value exceeds $75,000, the spouse receives the first $75,000. The remainder of the estate is distributed as follows:
      • 1/2 of the remaining estate to the spouse if there is one child.
      • 1/3 of the remaining estate to the spouse if there are two or more children.
    • If a child of the deceased has predeceased but left descendants, those descendants inherit the share that would have gone to the child.

• No Spouse or Issue
  • If the deceased leaves no spouse or descendants, the estate is distributed in the following order:
    • Parents: The estate is divided equally between the parents if both are alive. If only one parent is alive, the entire estate goes to that parent.
    • Siblings: If no parents are alive, the estate is divided equally among the siblings. If a sibling has predeceased but left descendants, those descendants inherit the share that would have gone to the sibling.
    • Nieces and Nephews: If no siblings are alive, the estate is divided equally among nieces and nephews.
    • Next of Kin: If there are no nieces or nephews, the estate is divided equally among the next of kin of equal degree of consanguinity (blood relation) to the deceased.

Important Notes:

• Family Home and Household Furnishings: The family home and household furnishings are treated with special consideration:
  • The family home devolves to the beneficiaries by law, with the surviving spouse having a life estate in the home (the right to use the home for life).
  • Household furnishings automatically go to the surviving spouse.

• Posthumous Births: Descendants or relatives of the deceased conceived before death but born after are considered as if they had been born during the lifetime of the deceased and survived them.

• Advances to Children: Any portion advanced to a child during the deceased’s lifetime must be accounted for when distributing the estate.

• Abolition of Dower and Curtesy: Widows or widowers have no entitlement to dower or curtesy rights (rights to a deceased spouse’s property) under Yukon law.