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Wednesday, February 10, 2016
Saskatchewan Justice

The Intestate Succession Act, 1996 sets out the rules for determining the beneficiaries of a person who dies without a will.

A surviving spouse, including a common law or same sex spouse, will receive the first $100,000. Any excess is shared equally between the spouse and one child. Where there is more than one child, the spouse receives one-third of the excess and the children share the other two-thirds. If there is no spouse, the children receive the estate. If a child dies before his or her parent, the child's children receive his or her share.

If there is no spouse and no children, the next available person in the following list will receive the estate:

  • parents;
  • brothers and sisters, and children of a deceased brother or sister;
  • nephews and nieces; and
  • next of kin.

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