If you die without a Will, your property will be distributed according to the law. This law does not account for your wishes. Dying without a Will means you are intestate.
The Intestate Succession Act, 2019 is the law that sets out what happens when you die without a Will.
If you die without a Will, your next of kin must generally apply for Letters of Administration. The law sets out a priority for who can become the administrator of your estate starting with your spouse and then children, if any. The administrator must distribute your estate in accordance with the law. They will pay taxes, debts and funeral expenses first. The rest of your estate is then distributed according to the following rules...
Your entire estate goes to your spouse if:
A spouse is someone you are either legally married to or have lived with as a spouse for at least 24 months. Descendants are your children or, if you have no living children, your grandchildren.
If the value of your estate is more than $200,000 and you have descendants who are not also descendants of your spouse, there are different rules. Your spouse will inherit the first $200,000 or 50% of the estate, whichever is more. The remainder of the estate will be shared as follows:
It is important to note that a spouse is not entitled to any of the estate if:
If you die without a spouse or any descendants, the estate will go first to:
It is important to note that distribution of an intestate’s estate is still subject to claims by a dependant or spouse.
The Regina Public Library and Saskatoon Public Library are hosting free Law Fair events during Saskatchewan Access to Justice Week to connect people with free legal information, assistance, and support. Attend to acquire legal knowledge and to broaden awareness of legal rights and responsibilities!