REVISED STATUTES OF ALBERTA

DIVISION XIII.-SUCCESSION UPON

DEATH.

CHAPTER 143.

An Act to Consolidate and Amend the Law
Relating to Intestate Succession.

HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows:

Short Title.

1. This Act may be cited as "The Intestate Succession Short title Act."

Interpretation.

[1920, c. 11, s. 1.]

Definitions

2. In this Act, unless the context otherwise requires,
(a) "Child" shall include a posthumous child, and a Child
child adopted under the provisions of The Infants Act;

(b) "Intestate" shall mean any person dying intestate, Intestate.
either wholly or as to part of his estate;

(c) "Issue" shall include any child within the meaning Issue
of this Act and all the descendants of any such child;

(d) "Living" shall mean alive at the date of the Living
death of the intestate or subsequent thereto;

(e) "Property" shall mean property distributable by Property
the executor or administrator of a person dying
intestate with regard thereto, whether such pro-
perty be all of his property or not, and shall in-
clude lands which go to the personal representative
of the deceased owner thereof and are dealt with
and distributed as personal estate.

[1920, c. 11, s. 2; 1922, c. 4, s. 10.]

General Rules of Distribution.

3. If an intestate dies leaving a husband or wife (as the Distribution case may be) then

of property of intestate leaving

or wife

(a) If two or more children of the intestate are living, husband one equal third part of the property shall be distributed to the husband or wife;

Distribution amongst issue of intestate

Hotchpot

Distribution where no

or issue

(b) If one child only is living, one half of the property
shall be distributed to the husband or wife;
(c) If no child is living, all the property shall be dis-
tributed to the husband or wife;

(d) If the wife has left her husband and is living in
adultery at the time of her husband's death or
has at any time lived in adultery with another
man, and such adultery has not been condoned,
no part of her husband's property shall be dis-
tributed to the wife;

(e) If the husband has left his wife and is living in adultery at the time of his wife's death or has at any time lived in adultery with another woman, and such adultery has not been condoned, no part of his wife's property shall be distributed to the husband;

(f) Where any issue of a child is living, the property shall be distributed to the husband or wife as if such child were living at the date of the death of the intestate. [1920, c. 11, s. 3; 1921, c. 5, s. 4(1).]

4. If an intestate dies leaving issue then, subject to the rights of a surviving husband or wife, the property shall be distributed among such issue per stirpes, and so that no descendant of living issue of the intestate shall take any share of the property. [1920, c. 11, s. 4.]

5. All advances by portion made by a person who dies wholly intestate shall be brought into hotchpot in the distribution of the property. [1920, c. 11, s. 5.]

6. If an intestate dies leaving no husband or wife or issue, husband, wife, then the property shall be distributed to the father and the mother of the intestate, if then living, in equal shares, and if either of them is dead, the whole property shall be distributed to the other. [1920, c. 11, s. 6.]

Distribution amongst brothers and sisters

Representation

of brother or sister

(1) If an intestate dies leaving no husband, wife, issue, father or mother, but leaving one or more brothers or sisters, either of the whole or of the half blood, the property shall be distributed to such brother or sister or to such brothers or sisters in equal shares.

(2) If the intestate also leaves a child or children of a deceased brother or sister, such child or children shall take by representation the share his or their parent would take if such parent were alive at the date of the death of the intestate. [1920, c. 11, s. 7.]