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TAGARDA MABILEN LAW OFFICE
What happens if a person dies without making a will?
Under Manitoba Law specifically The Intestate Succession Act, C.C.S.M. c. I85, it provides for the following:
1. The entire estate goes to the surviving spouse or common law spouse if the following conditions are present:
- If no issue(lineal descendants, including but not limited to children)
- But has surviving spouse or common law
Example: A got married to B. A died without any children and without having executed a will. All his estate shall be inherited by his wife, B.
2.The entire estate goes to the surviving spouse or common law spouse if the following conditions are present:
- There is surviving spouse or common law
- The issue(lineal descendants, including but not limited to children) of the deceased are also issue of the surviving spouse or common law.
Example: A got married to B. They have 5 children. When A died, his entire estate will go to his wife, B.
3. The surviving spouse or common law spouse gets $50,000 or ½ of the estate, whichever is greater and ½ of the remainder of the estate after allocation of share of the surviving spouse or common law goes to the children if the following conditions concur:
- There is Surviving spouse or common law
- There is but one or more issues (lineal descendants, including but not limited to children)) are not also the issue) of the Surviving spouse or common law
Example: A has 4 children of his previous marriage. A then got married to B. A died leaving an estate of $100,000. He is survived by his wife B and his 4 children of his previous marriage. His estate will be divided as follows:
B will have the following share:
$50,000 (which is also equal to 1/2 of 100,000)
And ½ of the remainder of the estate (100,000- 50,000=50,000)
So B will get 50,000 + 25,000= $75,000 in total
His 4 children will only get 25,000/4= $6,250 each.
4.The entire estate goes to the parents of the deceased in equal share or to the surviving parent if the following conditions are present:
- No surviving spouse or common law spouse
- No issue(lineal descendants, including but not limited to children)
Goes to the issue (lineal descendants, including but not limited to children) of the parents of the intestate (computed per capital at each generation) when the following conditions are present:
- If no surviving spouse or Common law
- No issue (lineal descendants, including but not limited to children)
- No parents
Disclaimer: This written material is not a legal advice and should not be relied upon as a legal advice. If you have a specific case, please consult a lawyer for a more accurate and applicable advice. Also take note that conflict of laws may apply when properties of the deceased are located in different countries or province. For example, under Philippine laws, the nationality of the deceased shall govern the distribution of his intestate estate while in other countries or province, the domicile of the deceased shall govern the distribution of the estate.
