Intestacy throughout Canada

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Intestacy throughout Canada

Published
July 2017

Intestacy throughout Canada

 Province

Spouse and one child

Spouse and children

Alberta

If all children are also children of surviving spouse, entire estate goes to spouse; if any of the children are not also children of the surviving spouse, the spouse gets the greater of $150,000 or 50% of the value of the estate, and the children receive the remainder of the estate.

British Columbia

If all children are also children of the surviving spouse, first $300,000 + half of the remainder goes to the spouse; if any of the children are not also children of the surviving spouse, the first $150,000 goes to the spouse, 50% of the balance goes to the spouse, 50% of the balance to the children equally.

Manitoba

If all children are also children of surviving spouse, entire estate goes to spouse; if any of the children are not also children of surviving spouse, greater of $50,000 or half of the estate goes to the spouse. Remainder of estate is split 50% between spouse and children.

New Brunswick

Marital property to spouse; balance split equally.

Marital property to spouse; 1/3 balance to spouse; 2/3 of balance to children.

Newfoundland and Labrador

Split equally.

1/3 to spouse; 2/3 to children.

Northwest Territories and Nunavut

First $50,000 to spouse, balance split equally.

First $50,000 to spouse; 1/3 of balance to spouse; 2/3 of balance to children.

Nova Scotia

First $50,000 to spouse, balance split equally.

First $50,000 to spouse; 1/3 of balance to spouse; 2/3 of balance to children.

Ontario

First $200,000 to spouse, balance split equally.

First $200,000 to spouse; 1/3 of the balance to spouse; 2/3 of the balance to children.

Prince Edward Island

Split equally.

1/3 to spouse; 2/3 to children.

Quebec

1/3 to spouse; 2/3 to child.

1/3 to spouse; 2/3 to children.

Saskatchewan

First $100,000 to spouse; balance split equally.

First $100,000 to spouse; 1/3 balance to spouse, 2/3 balance to children.

Yukon

First $75,000 to spouse, balance split equally.

First $75,000 to spouse; 1/3 balance to spouse, 2/3 balance to children

Spouse in AB includes an “adult interdependent partner”. In B.C. and SK this includes a common-law partner. In NS includes a domestic partner. In QC this includes a civil union couple. In NT/NU this includes a common-law couple but not a same-sex couple.

Specific rules regarding household furnishings and a spouse’s ability to elect are unique in some provinces. 

Division of property may be subject to matrimonial regime. 

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Publish date: 
July, 2017

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