When happens when you die without a will under WESA, which came into effect on April 1, 2014?
The distribution scheme under WESA for deaths after March 31, 2014 are very different than they were previously under the Estate Administration Act.
Under WESA the intestate distribution would be as follows:
1. If there is a spouse and no descendants all to the spouse (s.20);
2. If no spouse, all to descendants per stirpes but not to great-nieces or great-nephews;
a. Under s. 8.1 descendants can include assisted births conceived after death so long as the surviving parent, (not necessarily a spouse) has given notice to the personal representatives within 180 days from the date of death of an intention to use human reproductive material. The birth must occur within two years of the death and the child must live for at least 5 days. Note that the parent must comply with provisions of Part 3 of the Family Law Act4;
3. If there is no spouse of descendants than the estate would go to the parents. Depending on the situation it is possible to have more than two parents, see Part 32 of the Family Law Act;
4. If there are no parents than to the descendants of the parents per stirpes ( relatives inherit by their roots or stock;)
5. If no descendants of the parents than to the deceased’s grandparents and if no grandparents to the descendants of the grandparents per stirpes;
6. If no grandparents or descendants of grandparents to the deceased’s great-grandparents or the descendants of the great – grandparents per stirpes;
7. If no great-grandparents of descendants of the great – grandparents, the Estate will escheat to the crown under the Escheat Act.
Under the parentelic regime the line of descendants stops at the fifth degree5 ( section 23 (3)and is
counted upward from the deceased to the nearest common ancestor and then downward to the
relative ( Section 23(5))