Acts and Regulations

D-9 - Devolution of Estates Act

Section 22
Disposition versions

Full text
Instate leaving widow and one child, widow and children or widow and issue of child
22(1)In this section
“marital property” means marital property as defined in the Marital Property Act.(biens matrimoniaux)
22(2)If an intestate dies leaving a widow and one child, the following shall go to the widow:
(a) any interest of the intestate in property that is marital property of the intestate and the widow; and
(b) one-half of the residue of the intestate’s estate.
22(2.1)If an intestate dies leaving a widow and children, the following shall go to the widow:
(a) any interest of the intestate in property that is marital property of the intestate and the widow; and
(b) one-third of the residue of the intestate’s estate.
22(3)If a child dies leaving issue and such issue is alive at the date of the intestate’s death, the widow shall take the same share of the estate as if the child had been living at that date.
R.S., c.62, s.21; 1963, c.6, s.2; 1991, c.62, s.1
Definition of “marital property”
22(1)In this section
“marital property” means marital property as defined in the Marital Property Act.
Intestate leaving widow and one child
22(2)If an intestate dies leaving a widow and one child, the following shall go to the widow:
(a) any interest of the intestate in property that is marital property of the intestate and the widow; and
(b) one-half of the residue of the intestate’s estate.
Intestate leaving widow and children
22(2.1)If an intestate dies leaving a widow and children, the following shall go to the widow:
(a) any interest of the intestate in property that is marital property of the intestate and the widow; and
(b) one-third of the residue of the intestate’s estate.
Intestate leaving widow and issue of child
22(3)If a child dies leaving issue and such issue is alive at the date of the intestate’s death, the widow shall take the same share of the estate as if the child had been living at that date.
R.S., c.62, s.21; 1963, c.6, s.2; 1991, c.62, s.1