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

Copyright of Alberta Statutes and Regulations, belongs to the Province of
Alberta. No person may reproduce copies of the legislation for any purpose
other than personal use without the consent of the Alberta Queen's Printer.

 

INTESTATE SUCCESSION ACT
Chapter I-10
Table of Contents
	1	Definitions 
	2	Spouse or adult interdependent partner and no issue 
	3	Spouse's or adult interdependent partner's share
	3.1	Spouse and adult interdependent partner
	3.2	Share limited
	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
	14	Transitional


HER MAJESTY, by and with the advice and consent of the 
Legislative Assembly of Alberta, enacts as follows:
Definitions 
1   In this Act,
	(a)	"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.
RSA 2000 cI-10 s1;2002 cA-4.5 s47;2002 c16 s2
Spouse or adult interdependent partner and no issue
2   If an intestate dies leaving a surviving spouse but no issue or 
leaving a surviving adult interdependent partner but no issue, the 
intestate's estate goes to the spouse or adult interdependent partner, 
as the case may be.
RSA 2000 cI-10 s2;2002 cA-4.5 s47
Spouse's or adult interdependent partner's share
3(1)  When an intestate dies leaving a surviving spouse and issue 
or leaving a surviving adult interdependent partner and issue,
	(a)	if the net value of the intestate's estate does not exceed 
$40 000, the estate goes to the spouse or adult 
interdependent partner, as the case may be, and
	(b)	if the net value of the intestate's estate exceeds $40 000, 
the spouse or adult interdependent partner, as the case 
may be, is entitled to $40 000 and has a charge on the 
estate for that amount with interest from the date of death.
(2)  After payment to the surviving spouse or adult interdependent 
partner under subsection (1),
	(a)	if the intestate dies leaving a surviving spouse and one 
child or leaving a surviving adult interdependent partner 
and one child, 1/2 of the residue of the intestate's estate 
goes to the spouse or adult interdependent partner, as the 
case may be;
	(b)	if the intestate dies leaving a surviving spouse and more 
than one child or leaving a surviving adult interdependent 
partner and more than one child, 1/3 of the residue goes to 
the spouse or adult interdependent partner, as the case 
may be.
(3)  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 or adult interdependent 
partner shall take the same share of the intestate's estate as if the 
child had been living at that date.
RSA 2000 cI-10 s3;2002 cA-4.5 s47
Spouse and adult interdependent partner
3.1(1)  The following applies where an intestate dies leaving both a 
surviving spouse and a surviving adult interdependent partner:
	(a)	if the spouse was living with the intestate at the time of 
the intestate's death, the spouse shall receive the spouse's 
share of the intestate's estate and the adult interdependent 
partner shall take no part in the estate as an adult 
interdependent partner;
	(b)	if the adult interdependent partner was living with the 
intestate at the time of the intestate's death, the adult 
interdependent partner shall receive the adult 
interdependent partner's share of the intestate's estate and 
the spouse shall take no part in the estate as a spouse.
(2)  If at the time of the intestate's death neither the surviving 
spouse nor the surviving adult interdependent partner was living 
with the intestate, whichever of them last lived with the intestate 
shall receive the spouse's or adult interdependent partner's share of 
the intestate's estate, as the case may be, and the other shall take no 
part in the estate as a spouse or adult interdependent partner, as the 
case may be.
2002 cA-4.5 s47;2002 c16 s3
Share limited
3.2   A person who is entitled to take a part of the intestate's estate 
as an adult interdependent partner is not entitled under this Act to 
take any further part of the estate in another capacity.
2002 cA-4.5 s47;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
Transitional
14(1)  In this section, "previous Act" means the Intestate 
Succession Act as it read immediately before it was amended by the 
Adult Interdependent Relationships Act.
(2)  The previous Act continues to apply in cases of death occurring 
before this section comes into force.
2002 cA-4.5 s47
INTESTATE SUCCESSION ACT

		Error! No text of specified style in 
document.
Section 1		Chapter I-10
INTESTATE SUCCESSION ACT

		Error! No text of specified style in 
document.
Section 1		Chapter I-10
1

INTESTATE SUCCESSION ACT

		RSA 2000
Section 2		Chapter I-10
INTESTATE SUCCESSION ACT

		RSA 2000
Section 1		Chapter I-10
2

5