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Part 3 of Wills, Estates and Succession Act outlines the distribution of an estate on intestacy to “descendants” of the deceased which is defined as “all lineal descendants through all generations.” If you die without a will, your estate will be divided depending on your circumstances as follows:

1. If you have a spouse and no descendants (e.g. children or grandchildren), your estate passes to your spouse. Section 2 of the Wills, Estates and Succession Act provides that a spouse is someone you were married to or have lived with in a marriage-like relationship for at least two years immediately before the date of death.
2. If you have a spouse and descendants that are shared with your spouse, your spouse will receive the first $300,000.00 value of your estate, household furnishings plus 50% of the residue of your estate. The other 50% of the residue of your estate will be divided among your descendants. Your spouse has a right to purchase the spousal home or include it as part of his or her share of your estate.
3. If you have a spouse and descendants that are not shared with your spouse, your spouse will receive the first $150,000.00 value of your estate, household furnishings plus 50% of the residue of your estate. The other 50% of the residue of your estate will be divided among your descendants. Your spouse has a right to purchase the spousal home or include it as part of his or her share of your estate.
4. If you have more than one spouse, your spouses will share your estate in agreed-upon proportions or as determined by a court.
5. If you have no spouse, your estate will be divided equally among your descendants.
6. If you have no spouse and no descendants, your estate will be divided equally between your parents.
7. If you have no spouse, descendants or parents, your estate will be divided equally among your parents’ descendants.
8. If there are no intestate successors, your estate will pass to the government.

An administrator will apply for letters of administration and be appointed by the court to manage your estate. Sections 130 and 131 of the Wills, Estates and Succession Act provide a hierarchy of potential administrators as follows:

1. Your spouse or a person your spouse has nominated.
2. Your child with the consent of the majority of your other children.
3. A person your child has nominated with the consent of the majority of your children.
4. Your child without the consent of the majority of your other children.
5. An intestate successor other than your spouse or child with the consent of the intestate successors with a majority interest of your estate.
6. Any other person the court considers appropriate to appoint including the Public Guardian and Trustee subject to their consent.