RTA · Wills and Succession Act
Part 3 — Distribution of Intestate Estates
63 Separated spouse deemed predeceased
Estate Administration Act, the surviving spouse of an intestate is
deemed to have predeceased the intestate if the intestate and the
surviving spouse
(a) had been living separate and apart for more than 2 years at
the time of the intestate's death,
(b) are parties to a declaration of irreconcilability under th e
Family Law Act, or
(c) are parties to an agreement or order in respect of their
property or other marital or family issues which appears to
have been intended by one or both of them to separate and
finalize their affairs in recognition of their marital break-up.
(2) Subsection (1) does not apply to a surviving spouse who
reconciled with the intestate if the reconciliation was subsisting at
the time of the intestate's death.
2010 cW-12.2 s63;2014 c13 s13