Acts and Regulations

D-9 - Devolution of Estates Act

Full text
Advancement to child by intestate
31(1)If any child of a person who dies wholly intestate has been advanced by the intestate by portion, the portion shall be reckoned, for the purpose of this section only, as part of the estate of the intestate distributable according to law; and, if the advancement is equal to or greater than the share of the estate that the child would be entitled to receive as above reckoned, the child and his descendants shall be excluded from any share in the estate; but if the advancement is not equal to such share, the child and his descendants shall be entitled to receive so much only of the estate of the intestate as is sufficient to make all the shares of the children in the estate and advancement equal as nearly as can be estimated.
31(2)The value of any portion advanced shall be deemed to be that that has been expressed by the intestate or acknowledged by the child in writing, otherwise the value shall be the value of the portion when advanced.
31(3)The onus of proving that a child has been maintained or educated, or has been given money with a view to a portion shall be upon the person so asserting, unless the advancement has been expressed by the intestate, or acknowledged by the child, in writing.
R.S., c.62, s.30
Advancement to child by intestate
31(1)If any child of a person who dies wholly intestate has been advanced by the intestate by portion, the portion shall be reckoned, for the purpose of this section only, as part of the estate of the intestate distributable according to law; and, if the advancement is equal to or greater than the share of the estate that the child would be entitled to receive as above reckoned, the child and his descendants shall be excluded from any share in the estate; but if the advancement is not equal to such share, the child and his descendants shall be entitled to receive so much only of the estate of the intestate as is sufficient to make all the shares of the children in the estate and advancement equal as nearly as can be estimated.
31(2)The value of any portion advanced shall be deemed to be that that has been expressed by the intestate or acknowledged by the child in writing, otherwise the value shall be the value of the portion when advanced.
31(3)The onus of proving that a child has been maintained or educated, or has been given money with a view to a portion shall be upon the person so asserting, unless the advancement has been expressed by the intestate, or acknowledged by the child, in writing.
R.S., c.62, s.30