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S.M. 1989-90, c. 43
Bill 48, 2nd Session, 34th Legislature
The Intestate Succession and Consequential Amendments Act
| PART 1 | |
| INTESTATE SUCCESSION | |
| 1(1) | Interpretation |
| (2) | Status of adopted child |
| (3) | Kindred born after death of intestate |
| (4) | Kindred of the half blood |
| 2(1) | Share of spouse if no issue |
| (2) | Share of spouse if all issue of both intestate and surviving spouse |
| (3) | Share of spouse if issue of intestate but not surviving spouse |
| (4) | Reduction of preferential share in cases of partial intestacy |
| 3 | Rights of separated spouse |
| 4(1) | Share of kindred |
| (2) | Shares of issue |
| (3) | Neither spouse nor issue |
| (4) | No spouse, issue or parents |
| (5) | No issue, parent, or issue of parent |
| (6) | No issue, parent or issue of parent, grandparent or issue of grandparent |
| 5(1) | Distribution to issue |
| (2) | Distribution to issue |
| 6(1) | Survival for 15 days |
| (2) | Survival for 15 days |
| (3) | Application |
| 7 | No successors |
| 8(1) | Advancements |
| (2) | Value of advancement |
| (3) | Effect of advancement on recipient's issue |
| (4) | Determination of shares of successor |
| (5) | Onus of proof |
| 9 | Estate not disposed of by will |
| 10 | Application of Dower Act |
| 11 | Application of this Act |
| 12(1) | Repeal |
| (2) | Deaths before this Act comes into force |
| 13 | Reference in C.C.S.M. |
| PART 2 | |
| CONSEQUENTIAL AMENDMENTS TO OTHER ACTS | |
| 14 | C.C.S.M. c. L90 amended |
| 17.1 | Liabilities of estate of an intestate |
| 17.2 | Definition of "land" |
| 17.3(1) | Descent of land after July 1, 1885 |
| (2) | Application of section |
| (3) | Personal representative to hold land as trustee |
| (4) | Land to be dealt with in the same way as chattels real |
| (5) | Land to be administered in the same way as personal estate |
| (6) | Direction to personal representatives to convey, or sell |
| (7) | Service of notice on minors |
| (8) | Issue of vesting order |
| (9) | Direction for sale by master of the court |
| 17.4 | Meaning of "heirs and assigns" |
| 17.5 | Transactions of heirs protected in certain cases |
| 17.6 | Service of notice where mortgagor dead |
| 17.7(1) | Powers of personal representative to sell land |
| (2) | Limitation on power of personal representative |
| (3) | Order to personal representative to sell |
| (4) | Notice of application to be served |
| (5) | Opposing granting of order |
| 17.8(1) | Powers of personal representative to lease minerals |
| (2) | Limitation on powers of personal representative |
| (3) | Opposition to order |
| (4) | No restriction on trustee |
| 17.9 | Confirmation of past sales |
| 17.10 | Effect of secs. 17.3 and 17.7 |
| 15 | C.C.S.M. c. P275 amended |
| 16 | C.C.S.M. c. R30 amended |
| 17 | C.C.S.M. c. T160 amended |
| 18 | Coming into force |