If The Deceased Has A Spouse And Descendants
In the case where the deceased has both a spouse and descendants, the distribution of the estate becomes slightly more complex. According to WESA, the spouse is entitled to the household furnishings and a set amount ($300,000 if all the children are also children of the spouse, or $150,000 if the deceased had children from a previous relationship).
The remainder of the estate is then split equally, with half going to the spouse and the other half distributed equally among the descendants. It's important to note that the spouse's entitlement is given priority before any assets are distributed to the children. If the total value of the estate is less than the set amount, the spouse will receive the entire estate.
If The Deceased Has No Spouse But Has Descendants
If an individual dies intestate and has no spouse but has descendants, the entire estate is divided equally among the descendants. This division is per stirpes, meaning it goes down the line of descendants (for example, if a child of the deceased is also deceased but had children, those grandchildren would inherit their parent's share). The distribution process in this case ensures that the deceased's lineage directly benefits from the estate.
If The Deceased Has No Spouse And No Descendants
In the case where the deceased has no spouse and no descendants, the estate is distributed to other relatives based on a priority order defined by WESA. This includes parents, siblings, grandparents, siblings of parents and cousins, great grandparents, and descendants of great grandparents (second cousins etc.).
If none of these relatives can be found, the estate will "escheat" to the provincial government. This means that the government will be entitled to the deceased’s assets, essentially inheriting the estate when there are no identifiable or locatable kin.
Care and Guardianship of Minor Children
In the event of a person's death without a will, and in the absence of any remaining guardians for a minor child, the appointed authority as per the Child, Family and Community Service Act steps in as the personal guardian of the child. Concurrently, the Public Guardian and Trustee assumes the role of the child's property guardian.
Should a family member or another party be interested in assuming guardianship, they have the option to submit an application to the court for consideration.