Who Inherits Under the Intestate Succession Act in Newfoundland and Labrador

When someone dies without a valid will, the law decides who inherits. In Newfoundland and Labrador that order is set out in the Intestate Succession Act, and it follows family lines.

This article explains the order, then looks at the questions people ask most often: what happens when a child died before the parent, and how half-siblings and stepchildren fit in.

This article covers the law of Newfoundland and Labrador.

Spouse and children come first

The share depends on who survives. The Act fixes the spouse's share as a fraction, not as a preferred sum.

Per stirpes means that if a child has died, that child's own children share what the parent would have received, instead of the share being split evenly with everyone else.

If there is no spouse or child

Where there is no spouse and no issue, the estate goes to the parents equally, or to the survivor of them. If no parent survives, it passes to brothers and sisters, with the children of a deceased sibling taking their parent's share.

Next come nephews and nieces, who share equally with no representation, and then next of kin of equal degree. The order is strict: a more distant group generally inherits only when no one in the closer group is alive.

• Spouse and children, with the shares above.
• Parents, equally or the survivor.
• Brothers and sisters, with a deceased sibling's children taking that sibling's share.
• Nephews and nieces, equally and with no representation.
• Next of kin of equal degree.

Children who died first, half-siblings and stepchildren

If there is no surviving spouse and a child died before the parent leaving children, the estate is divided per stirpes among the issue, so those grandchildren share their parent's portion. Where a spouse does survive, the spouse takes a set share that depends on the number of children, and how a deceased child's family is counted then depends on your situation, so it is worth confirming with a lawyer. Among siblings, a deceased brother's or sister's children take their parent's share. Nephews and nieces, by contrast, take equally with no representation, so the children of a deceased nephew do not step into that line.

Half-blood relatives share equally with whole-blood relatives, so a half-sibling is not placed behind a full sibling.

How this applies to a stepchild depends on your situation, such as whether there was a will or an adoption, so it is worth confirming with a lawyer.

Partners and dependants: other claims

The Intestate Succession Act is not the only source of rights. Rights a surviving spouse has under the Family Law Act are in addition to rights arising on intestacy or by will. A surviving spouse may apply to divide matrimonial assets equally within 1 year after the first spouse's death. That deadline can be extended on reasonable grounds, good-faith delay and no substantial prejudice.

A dependant who is a spouse, cohabiting partner or child may apply under the Family Relief Act where an intestate share is inadequate. The application must be made within 6 months after the grant, though a judge may allow it for any undistributed part of the estate. A cohabiting partner needs continuous conjugal cohabitation outside marriage for at least 2 years, or at least 1 year if they are together the biological or adoptive parents of a child.

Whether a cohabiting partner inherits a share under the intestacy order itself is something to confirm with a lawyer, as it turns on how the Act is applied.

Who administers the estate, and what to do next

With no will, nobody is named executor. Priority of right to administration runs from the spouse to children, parents, siblings, grandparents, then creditors and the Crown, subject to the judge's discretion. Administration must go to a person resident in the province in preference to one with equal right unless a judge orders otherwise.

• Find out whether a will exists before assuming the estate is intestate.
• List the family members who survive and who has died, including children and siblings.
• Note any life insurance with a named beneficiary, any employer pension plan designation, and whether the matrimonial home was held jointly by spouses, since these may pass outside the estate.
• Watch the deadlines under the Family Law Act and Family Relief Act.
• Consider getting legal advice if the family tree is complicated.

Frequently asked questions