How Much Does a Spouse Get Under The Intestate Succession Act in Saskatchewan?
This answer covers the law of Saskatchewan.
A surviving spouse may get everything, or may have to share with children, depending on whose children they are. The spouse inherits the entire estate if all of the person's children are also children of the spouse. Which law applies depends on the date of death: The Intestate Succession Act, 1996 for deaths before October 1, 2019, and The Intestate Succession Act, 2019 for deaths on or after that date.
If some children are from another relationship, the spouse first takes a $200,000 preferential share. That amount applies to deaths on or after October 1, 2019, and earlier deaths fall under the 1996 Act, where the figure was $100,000. After that, with one child the remainder is split equally between the spouse and the child. With more than one child, the spouse takes one-third and the children share two-thirds equally.
A spouse who had lived separate and apart from the person for two years takes no share. The spouse also has first priority to apply for Letters of Administration. How the estate divides in other situations depends on the facts, so confirm with a lawyer.
Key takeaways
- The spouse inherits the entire estate if all of the person's children are also children of the spouse.
- If some children are from another relationship, the spouse first takes a $200,000 preferential share for deaths on or after October 1, 2019.
- After that share, one child splits the remainder equally with the spouse, while with more than one child the spouse takes one-third and the children share two-thirds equally.
- A spouse who had lived separate and apart from the person for two years takes no share on intestacy.