Spouse with no children

If a person dies without a spouse but has no children, their entire estate goes to their spouse.

Spouse with children

If the person has children, their estate goes to the children but the spouse may have some rights as well.

• If the value of the estate is less than $75,000, the spouse gets the whole estate.

• If the value is greater than $75,000, the spouse gets $75,000 and a charge on the estate, and the rest is distributed among the spouse and children.

No spouse or children

If the person does not have any children or spouse, the estate is divided equally between the person's living mother and father, or the survivor if one parent is dead.

No spouse, children, or parents

If someone dies without a spouse, children, or parents, the estate shall be divided equally among the intestate’s siblings

• if one of the siblings is dead, then the share shall go to the deceased sibling’s children

No spouse, children, parents, or siblings

If someone dies without a will and without a spouse, children, parents, brothers or sisters, their estate will be inherited by their nieces and nephews in equal shares.

• If any of the nieces or nephews have died, their share will be inherited by their children.

Next of Kin

If there are no nieces or nephews, then the estate will be inherited by the person's closest living relatives of equal degree of relation to the deceased. Representation is not allowed in any case.

YK EAA s.80-86