REVISED STATUTES OF ALBERTA DIVISION XIII.-SUCCESSION UPON DEATH. CHAPTER 143. An Act to Consolidate and Amend the Law 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, (b) "Intestate" shall mean any person dying intestate, Intestate. (c) "Issue" shall include any child within the meaning Issue (d) "Living" shall mean alive at the date of the Living (e) "Property" shall mean property distributable by Property [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 (d) If the wife has left her husband and is living in (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.] |