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Difference between revisions of "Intestacy (16:VIII)"
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| Intestate dies leaving no spouse or descendants. | | Intestate dies leaving no spouse or descendants. | ||
| 23(2) | | 23(2) | ||
| Order of Priority: Parents, siblings, nieces/nephews, grandparents, aunts/uncles, etc. See section 23(2) for complete order of priority. If there are no beneficiaries entitled to the estate, the estate passes to the government subject to the | | Order of Priority: Parents, siblings, nieces/nephews, grandparents, aunts/uncles, etc. See section 23(2) for complete order of priority. If there are no beneficiaries entitled to the estate, the estate passes to the government subject to the ''Escheat Act'', RSBC 1996, c120. | ||
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Under ''WESA'', two persons cease being spouses if: | Under ''WESA'', two persons cease being spouses if: | ||
* In the case of a marriage, they live separate and apart for at least two years, with '''one or both of them''' having formed the intention during that time to live separate and apart '''permanently''', or an event occurs that causes an interest in family property, as defined in Part 5 [''Property Division''] of the ''Family Law Act'', to arise pursuant to section 2(2)(a) of ''WESA'', '''or''' | |||
* In the case of a marriage-like relationship, one or both persons terminate the relationship. | |||
:'''NOTE:''' See ''[https://www.canlii.org/en/bc/bcsc/doc/2008/2008bcsc219/2008bcsc219.html?autocompleteStr=Gosbjorn%20v.%20Hadley%2C%202008%20BCSC%20219%20&autocompletePos=1 Gosbjorn v. Hadley]'', 2008 BCSC 219 and more recently ''[https://www.canlii.org/en/bc/bcsc/doc/2019/2019bcsc200/2019bcsc200.html?autocompleteStr=Mother%201%20v%20Solus%20Trust%20Company%2C%202019%20BCSC%20200%20&autocompletePos=1 Mother 1 v Solus Trust Company]'', 2019 BCSC 200 at paras 149-151 for a discussion of when a marriage-like relationship ceases. | :'''NOTE:''' See ''[https://www.canlii.org/en/bc/bcsc/doc/2008/2008bcsc219/2008bcsc219.html?autocompleteStr=Gosbjorn%20v.%20Hadley%2C%202008%20BCSC%20219%20&autocompletePos=1 Gosbjorn v. Hadley]'', 2008 BCSC 219 and more recently ''[https://www.canlii.org/en/bc/bcsc/doc/2019/2019bcsc200/2019bcsc200.html?autocompleteStr=Mother%201%20v%20Solus%20Trust%20Company%2C%202019%20BCSC%20200%20&autocompletePos=1 Mother 1 v Solus Trust Company]'', 2019 BCSC 200 at paras 149-151 for a discussion of when a marriage-like relationship ceases. | ||
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== C. Miscellaneous Provisions == | == C. Miscellaneous Provisions == | ||
*Children conceived before the intestate's death but born after the intestate's death and living for at least 5 days, inherit as if they had been born in the lifetime of the intestate and had survived the intestate | *Children conceived before the intestate's death but born after the intestate's death and living for at least 5 days, inherit as if they had been born in the lifetime of the intestate and had survived the intestate (''WESA'', s 8). | ||
*Adopted children are the children of the adopting parent (''Adoption Act'', s 37). | *Adopted children are the children of the adopting parent (''Adoption Act'', RSBC 1996, c 5, s 37). | ||
*Adopted children are not entitled to the estate of their natural parent except through the will of the natural parent (''WESA'', s 3). | *Adopted children are not entitled to the estate of their natural parent except through the will of the natural parent (''WESA'', s 3). | ||
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