CPA · Wills and Succession Act
Part 3 — Distribution of Intestate Estates
61 Spouse's or adult interdependent partner's share if there are descendants
surviving spouse and one or more descendants, or leaving a
surviving adult interdependent partner and one or more
descendants,
(a) the entirety of the intestate estate goes to the surviving
spouse or adult interdependent partner, if all of the
intestate's descendants are also descendants of the surviving
spouse or adult interdependent partner, or
(b) if any of the intestate's descendants are not descendants of
the surviving spouse or adult interdependent partner,
(i) the surviving spouse or adult interdependent partner is
entitled to the greater of the prescribed amount or 50%
of the net value of the intestate estate, and
(ii) the residue of the intestat e estate shall be distributed
among the intestate's descendants in accordance with
this Part.
(2) The Minister of Justice may make regulations prescribing an
amount for the purpose of subsection (1)(b)(i).
2010 cW-12.2 s61;2011 c20 s13;2013 c10 s34;2022 c21 s96