What is the effect of a Will that is not valid or only partially valid, or where there is no Will (intestacy)?
- Your Estate may be divided among people you would not otherwise name as beneficiaries in your Will.
- Wills and Succession Act s. 37 and 38
- If there are no beneficiaries as determined by the Wills and Succession Act, your Estate will be transferred to the Provincial Government.
Intestacy – who receives the Estate?
- If no children, all to Spouse/AIP.
- If surviving children are also children of the surviving Spouse/AIP, all to Spouse/AIP.
- If surviving children are not also the children of the surviving Spouse/AIP, then 50% to surviving Spouse/AIP and balance to surviving children.
- If no Spouse/AIP, then to children in equal shares per stirpes.
- If no spouse/AIP or children, then to surviving grandparents or descendants of grandparents
- If no grandparents, then to surviving great grandparents or descendants to a maximum of 5 degrees of relationship.
- Any portion of the Estate not distributed is disposed of pursuant to the Unclaimed Personal Property and Vested Property Act (transferred to the Provincial Government)
Intestacy – who administers the Estate?
- Surviving Spouse/AIP
- If no Spouse/AIP, a child of the deceased
- If no child of the deceased, a grandchild of the deceased
- If no grandchild of the deceased, a descendant of the deceased other than a child or grandchild
- If no descendant, a parent of the deceased
- If no parent of the deceased, a brother or sister of the deceased
- If no brother or sister, to a child of the brother or sister
- If no child of the brother or sister, next of kin to 5 degrees of relationship who is also a beneficiary under intestacy
- If no next of kin, to a person who has an interest in the estate because of a relationship with the deceased
- If no person with a relationship with the deceased, a claimant against the estate
- If no claimant, the Crown in right of Alberta