Hometime

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MHHS Minimum Housing and Health Standards

MHHS · Wills and Succession Act

Part 3 — Distribution of Intestate Estates

67 Parentelic distribution if intestate has no descendants

Current to 2025-06-11 · Official PDF

(1) If an individual dies leaving no surviving spouse, adult
interdependent partner or descendants, then subject to subsection
(2),
(a) the intestate estate goes to the parents of the intestate in
equal shares if both survive the intestate, or to the survivor
if one of them has predeceased the intestate,
(b) if there is no surviving parent, the intestate estate goes to the
descendants of the parents or of either of them,
(c) if there is no surviving parent or descendant of a parent, but
the intestate is survived by one or more grandparents or
descendants of grandparents,
(i) 1/2 of the intestate es tate goes to the surviving
grandparents on one parent's side, in equal shares, or if
there is no surviving grandparent on that side, to the
descendants of those grandparents, and
(ii) 1/2 of the intestate es tate goes to the surviving
grandparents on the other parent's side or to their
descendants in the same manner as provided in
subclause (i),
but if there is only a survivi ng grandparent or descendant of
a grandparent on one parent's side, the entire intestate estate
goes to the kindred on that side in the same manner as
provided in subclause (i), or
(d) if there is no surviving parent, descendant of a parent,
grandparent or descendant of a grandparent, but the intestate
is survived by one or more great-grandparents or
descendants of great-grandparents,
(i) 1/2 of the intestate es tate goes to the surviving
great-grandparents on one parent's side, in equal shares,
or if there is no surviving great-grandparent on that side,
to the descendants of those great-grandparents, and
(ii) 1/2 of the intestate es tate goes to the surviving
great-grandparents on the other parent's side or to their

descendants in the same manner as provided in
subclause (i),
but if there is only a surviving great-grandparent or
descendant of a great-grandparent on one parent's side, the
entire intestate estate goes to the kindred on that side in the
same manner as provided in subclause (i).
(2) For the purposes of subsection (1), individuals of the 5th or
greater degree of relationship to the intestate are deemed to have
predeceased the intestate, and any part of the intestate estate to
which those individuals would otherwise be entitled under
subsection (1) must be distributed to the individuals of a closer
degree of relationship to the intestate, if any, who are entitled to the
intestate estate.