Intestate Distribution

An intestate distribution occurs when an individual dies leaving no will.

Leaving a widow and child(ren):

If the intestate dies leaving a widow and one child, the widow shall receive the intestate's interest in all marital property and 50% of the remaining estate.

If the intestate dies leaving a widow and multiple children, the widow receives the intestate's interest in marital property and one-third of the remaining estate.

Leaving no widow:

If the intestate has children, the estate is distributed among the children in equal shares, with the widow's rights protected.

Widow but no children:

If the intestate has a widow but no children, the entire estate goes to the widow.

No widow or children:

If the intestate has neither a widow nor children, the estate is divided equally between the father and mother, but if one of them is deceased, the surviving parent receives the entire estate.

No widow, children, or parents:

If the intestate has no widow, children, parents, or grandparents, the estate is shared equally among the siblings. If a sibling is deceased, their children (the intestate's nieces and nephews) inherit their parent's share.

No widow, children, parents, or siblings:

If the intestate has no immediate family (widow, children, parents, siblings, nieces, or nephews), the estate goes to the nephews and nieces in equal shares, without representation.

No immediate family or nieces/nephews:

If the intestate has no immediate family or nephews/nieces, the estate is distributed equally among the next of kin of equal degree of consanguinity (blood relationship) to the intestate.

Determining the level of kindred:

The degrees of kindred (relationship) are determined by counting upward to the nearest common ancestor and then downward to the relative. Half-blood relatives inherit the same as full-blood relatives in the same degree.

New Brunswick Devolution of Estates Act s.22-29