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ARTICLE · 05 FEBRUARY 2013

When Does The Government Get My Property?

Alexander Holburn Beaudin + Lang LLP
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A discussion on intestacy rules.

CanadaFamily and Matrimonial

People often think that when a person passes away without a will and immediate family, their property will go to the government. This is not entirely correct. It can be the case that the property of a person who passes away intestate and without next of kin can be held by the government, but this is rare and only occurs in specific circumstances.

If you die without a will, i.e. if you die intestate, the Estate Administration Act sets out a table of consanguinity (shared blood) that legally defines the closeness of your relatives and how your property will be distributed amongst them on your intestacy. A new law, called the Wills and Estate Succession Act, will change the table of consanguinity into a parantelic table, which means that the manner in which the closeness of relatives is calculated will be somewhat different once that law comes into force.

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