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Wills and Succession Act

Chapter W-12.2 · Current to 2025-06-11 · Official PDF

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1 Interpretation and Application Interpretation 2 Paramountcy of Dower Act 3 Applications to the Court 4 Duty of lawyer

Part 1 — Survivorship

5 Survivorship rules 6 Transitional

Part 2 — Wills Interpretation and Application of Part 2

7 Interpretation 8 Application of this Part 9 Division 1 General Legal Effect of a Will Dispositions of property by will 10 Property disposed of before death 11 General disposition 12 Powers of appointment 13 Making a Will Who can make a will 14 Requirements of a valid will 15 Formal will 16 Holograph will 17 Military wills 18 Active service 19 Signature 19.1 Deemed presence 20 Witnesses to signature 21 Certain dispositions are void 22 Alteration, Revocation and Revival Alteration of a will 23 Revocation of a will 24 Revival of a will 25 Gifts to ex-spouse or former adult interdependent partner 26 Interpretation of a Will Interpretation and evidence 27 Will speaks from time of death 28 References to children, descendants or issue 29 References to having no issue 30 Disposition to "heir" or "next of kin" 31 Disposition to "issue" or "descendants" 32 Where beneficiary dies before testator

Part 3 — as if the testator had died intestate. (2) For greater certainty, an individual who is both a descendant of the deceased beneficiary and the adult interdependent partner of the deceased beneficiary may receive a share under subsection (1)(b) as

33 Where gift is void or contrary to law

Part 3 — as if the testator had died intestate. (2) For the purposes of subsection (1)(a) to (d), the intended beneficiary is deemed to have predeceased the testator. (3) Despite subsection (1), no share of the property that is the subject of the dispos

34 Portion of estate not disposed of by will 35 Gift for charitable purpose 36 Court Orders Court may authorize minor to make a will 37 Court may validate non-compliant will 38 Court may validate non-compliant alteration 39 Rectification 40 Validation of gift to witness 41 Division 2 Conflict of Laws Land and movables 42 Law in force governs 43 Change of domicile 44 Law of domicile 45 Law where land situated governs 46 Division 3 International Wills Definitions 47 Application of Convention 48 Uniform law in effect 49 Validity under other laws 50 Authorized persons 51 Registration system 52 Agreements respecting registration system 53 Joint registration system 54 Disclosure of information, etc. 55 Use of registration system 56 Regulations 57 Transitional - registration systems

Part 3 — Distribution of Intestate Estates

58 Definitions 59 Distribution of intestate estates 60 Share of spouse or adult interdependent partner if no descendants 61 Spouse's or adult interdependent partner's share if there are descendants 62 Both spouse and adult interdependent partner 63 Separated spouse deemed predeceased 64 Adult interdependent partner also related to the intestate 65 If no surviving spouse or adult interdependent partner 66 Per stirpes distribution to descendants 67 Parentelic distribution if intestate has no descendants 68 Degrees of relationship 69 No heirs 70 Transitional

Part 4 — Designation of Beneficiaries Under Plans

71 Designation of person to receive a benefit under a plan

Part 5 — Family Maintenance and Support

72 Definitions 73 Grandchildren and great-grandchildren 74 Division 1 Temporary Possession of Family Home Definitions for Division 1 75 Right to temporary possession of family home 76 Right to use of household goods 77 Limits on rights under this Division 78 Waiver 79 Obligation to pay rent, etc. 80 Obligation to maintain and repair 81 Right of entry 82 Orders 83 Land titles registration 84 Registration in Personal Property Registry 85 Order for cancellation of registration 86 Application of Division 1 87 Division 2 Maintenance and Support Definitions 88 Order for maintenance and support of family member 89 Time for making an application 90 Who may make an application 91 Who must be served 92 Representative action 93 Matters to be considered by the Court 94 Interim order 95 Disclosure of financial information 95.1 Transitional 96 Orders respecting quantum, duration and payment 97 Order for immediate distribution 98 Effect of order 99 Further orders 100 Effect of order on will 101 Assignment of claims 102 Contracts respecting estate property 103 Rights not affected by contract 104 Application by Public Trustee 105 No liability for decisions made in good faith 106 No early distribution without consent or Court order 107 Estate subject to order 108 Transitional

Part 6 — General

109 Court application respecting alleged advance 110 Abolition of common law rules 111 Dispositions respecting unowned property 112 Regulations

Part 7 — 113 to 116 (These sections make consequential amendments to other Acts. The amendments have been incorporated into those

117 Consequential and Related Amendments, Repeals and Coming into Force Acts.) 125 Acts.) Repeals 126 Coming into force

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