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S.M. 1989-90, c. 43

Bill 48, 2nd Session, 34th Legislature

The Intestate Succession and Consequential Amendments Act

Back to the 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