Who Inherits If There Is No Will in Nova Scotia

If a family member dies without a will, the Intestate Succession Act decides who inherits. The law follows family relationships, not personal wishes or promises made informally. That can surprise people, especially in blended families or unmarried relationships.

This article walks through the main rules for spouses and children, what happens with young beneficiaries, and why other relatives' shares depend on the facts. It is a general guide only.

This article covers the law of Nova Scotia.

Spouse and children

Under section 4 of the Intestate Succession Act, if the net estate does not exceed $50,000 and there is a surviving spouse and issue, the estate goes to the spouse. If the estate is larger, the spouse takes $50,000 as a charge on the estate with interest from the date of death, plus one-half of the residue if there is one child, or one-third if there is more than one child. The children share the rest.

The matrimonial home

The surviving spouse may take the matrimonial home instead of the $50,000 if it is worth more, or as part of the $50,000 if it is worth less. The value of the home, any mortgage and the rest of the estate all affect how this works in practice, so the numbers are worth checking with a lawyer.

Who does not count

Only married spouses and registered domestic partners count under the Act. Unmarried common-law partners have no intestacy rights. This can be a hard result for a long-term partner.

A surviving spouse may also apply to divide matrimonial assets under the Matrimonial Property Act. The application must be made within six months after probate or administration is granted, although the court may extend the time where the survivor did not know of the grant or lacked adequate opportunity, and a late application reaches only undistributed assets. This right is in addition to rights on intestacy.

Where there is no spouse or no children, the order among parents, siblings and more distant relatives turns on further rules in the Act. Because the right answer depends on exactly who survives, it is worth confirming with a lawyer before assuming anyone is or is not entitled.

Young beneficiaries and unknown heirs

• A person attains the age of majority and ceases to be a minor at nineteen.
• The Public Trustee is by law the guardian of the estate of every child unless a court appoints someone else, and it holds the child's inheritance until the child turns 19, then prepares an account and a release for signature.
• The will or trust document may set an age older than 19, and the Public Trustee may withhold funds at 19 only if there are signs the child may lack the mental capacity to manage their finances.
• If no heirs can be found, the Public Trustee searches for heirs, funds go to the Department of Finance, and later-appearing heirs can still claim.

The Law Reform Commission has been reported to be reviewing the Act, so it is sensible to confirm the current rules before relying on any summary.

What to do next

Property registered solely in the deceased's name cannot be transferred to beneficiaries without court approval, so a personal representative often needs a grant for that property. Assets with a named beneficiary or joint owner may need probate only if the asset holder asks for it. A grant of administration is applied for using Form 9 (or 9A). After the grant, notice must be served on each person who is or may be entitled to share, within 30 days. The Royal Gazette advertisement runs six months before the estate can move to distribution.

• Write down who survived the person: spouse, children, parents, siblings and others.
• Note whether the spouse was married or a common-law partner.
• Gather information about the home, other property and debts.
• Ask a lawyer to confirm who is entitled before sharing anything.
• Contact the Registrar of Probate for the district about the application.

Frequently asked questions