Intestate Succession Act, R.S.A. 2000, c. I-10

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INTESTATE SUCCESSION ACT
Chapter I-10
Table of Contents
	1	Definitions 
	2	Spouse and no issue 
	3	Spouse's share
	3.1	Adult interdependent partner and no spouse
	3.2	Spouse and adult interdependent partner
	4	Shares of issue 
	5	Neither spouse nor issue
	6	No spouse, issue or parent 
	7	Nephews and nieces
	8	Distribution among next of kin
	9	Degrees of kindred
	10	Posthumous births
	11	Advances to children
	12	Estate undisposed of by will
	13	Desertion and adultery


HER MAJESTY, by and with the advice and consent of the 
Legislative Assembly of Alberta, enacts as follows:
Definitions 
1   In this Act,
	(a)	"adult interdependent partner" means, in reference to an 
intestate, a person, including a minor, who lived with the 
intestate in a conjugal relationship, outside marriage,
	(i)	for a continuous period of not less than 3 years 
immediately before the intestate's death, or


	(ii)	of some permanence immediately before the 
intestate's death, if there is a child of the relationship 
by birth or adoption;
	(a.1)	"estate" includes both real and personal property;
	(b)	"issue" includes all lineal descendants, whether born 
within or outside marriage, of the ancestor;
	(c)	"net value" means the value of the estate wherever 
situated, both within and outside Alberta, after payment of 
the charges on it and the debts, funeral expenses, expenses 
of administration, estate tax and succession duty;
	(d)	"spouse" means, in reference to an intestate, a person who 
at the time of the intestate's death was married to the 
intestate.
RSA 20000 cI-10 s1;2002 c16 s2
Spouse and no issue 
2   If an intestate dies leaving a surviving spouse but no issue, the 
intestate's estate goes to the spouse.
RSA 1980 cI-9 s2
Spouse's share 
3(1)  When an intestate dies on or after January 1, 1976 leaving a 
surviving spouse and issue,
	(a)	if the net value of the estate does not exceed $40 000, the 
estate goes to the spouse, and
	(b)	if the net value of the estate exceeds $40 000, the spouse 
is entitled to $40 000 and has a charge on the estate for 
that amount with interest from the date of death.
(2)  If an intestate died prior to January 1, 1976 leaving a surviving 
spouse and issue,
	(a)	if the net value of the estate does not exceed $20 000, the 
estate goes to the spouse, and
	(b)	if the net value of the estate exceeds $20 000, the spouse 
is entitled to $20 000 and has a charge on the estate for 
that amount with interest from the date of death.
(3)  After payment to the surviving spouse pursuant to subsection 
(1) or (2),
	(a)	if the intestate died leaving a surviving spouse and one 
child, 1/2 of the residue of the estate goes to the surviving 
spouse;
	(b)	if the intestate died leaving a surviving spouse and more 
than one child, 1/3 of the residue of the estate goes to the 
surviving spouse.
(4)  If a child of the intestate has died during the lifetime of the 
intestate leaving issue, one or more of whom are alive at the date of 
the intestate's death, the surviving spouse shall take the same share 
of the estate of the intestate as if the child had been living at that 
date.
RSA 1980 cI-9 s3
Adult interdependent partner and no spouse
3.1   If an intestate dies leaving no surviving spouse but leaving a 
surviving adult interdependent partner, the surviving adult 
interdependent partner shall be treated for the purposes of this Act 
as if he or she were the surviving spouse of the intestate.
2002 c16 s3
Spouse and adult interdependent partner
3.2   If an intestate dies leaving a surviving spouse and a surviving 
adult interdependent partner,
	(a)	the surviving spouse shall take no part in the intestate's 
estate, and
	(b)	the surviving adult interdependent partner shall be treated 
for the purposes of this Act, except clause (a), as if he or 
she were the surviving spouse of the intestate.
2002 c16 s3
Shares of issue 
4   If an intestate dies leaving issue, the estate shall be distributed, 
subject to the rights of the surviving spouse or adult interdependent 
partner, per stirpes among the issue.
RSA 2000 cI-10 s4;2002 c16 s4
Neither spouse nor issue 
5   If an intestate dies leaving no surviving spouse, adult 
interdependent partner or issue, the intestate's estate goes to the 
intestate's father and mother in equal shares if both are living, but 
if either of them is dead the estate goes to the other of them if still 
living.
RSA 2000 cI-10 s5;2002 c16 s5
No spouse, issue or parent 
6   If an intestate dies leaving no surviving spouse, adult 
interdependent partner, issue, father or mother, the intestate's estate 
goes to the intestate's brothers and sisters in equal shares, and if 
any brother or sister is dead, the children of the deceased brother or 
sister take the share their parent would have taken if living.
RSA 2000 cI-10 s6;2002 c16 s6
Nephews and nieces 
7   If an intestate dies leaving no surviving spouse, adult 
interdependent partner, issue, father, mother, brother or sister, the 
intestate's estate goes to the intestate's nephews and nieces in equal 
shares and in no case shall representation be admitted.
RSA 2000 cI-10 s7;2002 c16 s6
Distribution among next of kin 
8   If an intestate dies leaving no surviving spouse, adult 
interdependent partner, issue, father, mother, brother, sister, 
nephew or niece, the intestate's estate shall be distributed equally 
among the next of kin of equal degree of consanguinity to the 
intestate and in no case shall representation be admitted.
RSA 2000 cI-10 s8;2002 c16 s6
Degrees of kindred 
9(1)  For the purposes of this Act, degrees of kindred shall be 
computed by counting upward from the intestate to the nearest 
common ancestor and then downward to the relative.
(2)  Kindred of the half-blood shall inherit equally with those of the 
whole-blood in the same degree.
RSA 1980 cI-9 s9
Posthumous births 
10   Descendants and relatives of the intestate, conceived before 
the intestate's death but born afterwards, shall inherit as if they had 
been born in the lifetime of the intestate and had survived the 
intestate.
RSA 1980 cI-9 s10
Advances to children 
11(1)  If a child of a person who has died wholly intestate has been 
advanced by that person by portion, the portion shall be reckoned, 
for the purposes of this section only, as part of the estate of the 
intestate distributable according to law.
(2)  If the advancement is equal to or greater than the share of the 
estate that the child would be entitled to receive under the previous 
sections of this Act, the child and the child's descendants are to be 
excluded from any share in the estate.
(3)  If the portion by which the child was advanced is less than that 
share, the child and the child's descendants are entitled to receive 
so much only of the estate of the intestate as is sufficient to make 
all the shares of the children in the estate and the advancement as 
nearly equal as possible.
(4)  The value of any portion so advanced shall be deemed to be the 
value as expressed by the intestate, or acknowledged by the child, 
in writing; otherwise the value shall be deemed to be the value of 
the portion when advanced.
(5)  Unless the advancement has been expressed by the intestate, or 
acknowledged by the child, in writing, the onus of proving that a 
child has, with a view to a portion, been maintained or educated, or 
been given money, is on the person so asserting.
RSA 1980 cI-9 s11
Estate undisposed of by will 
12   So much of the estate of a person dying partially intestate as is 
not disposed of by the person's will shall be distributed as if the 
person had died intestate and had left no other estate.
RSA 1980 cI-9 s12
Desertion and adultery
13   A surviving spouse who had left the intestate and was living in 
adultery at the time of the intestate's death shall take no part in the 
intestate's estate.
RSA 1980 cI-9 s15
INTESTATE SUCCESSION ACT

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INTESTATE SUCCESSION ACT

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INTESTATE SUCCESSION ACT

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Section 2		Chapter I-10
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