Vancouver Litigation Lawyers Address Intestate Succession
VANCOUVER, BC–(Marketwired – February 16, 2018) – As a group of litigation lawyers in Vancouver, the team at Kushner Law emphasize the importance of leaving behind a valid will. Intestate succession refers to what happens when people die without a valid will, and it is the subject of their new blog post. For more, go to: http://kushnerlaw.ca/estate-litigation-understanding-intestate-succession-part-ii/
When someone dies without a will they are considered to have died intestate and the distribution of their assets is governed by the Wills Estates and Succession Act (“WESA”).
The article briefly outlines the main clauses of the Act. For example:
21(2) of WESA provides that if someone dies intestate with a surviving spouse and descendant, then the spouse is entitled to the household furnishings and preferential share in the estate as follows:
(2) If a person dies without a will leaving a spouse and surviving descendants, the following must be distributed from the intestate estate to the spouse:
(a) the household furnishings;
(b) a preferential share of the intestate estate in accordance with subsection (3) or (4).
(3) If all descendants referred to in subsection (2) are descendants of both the intestate and the spouse, the preferential share of the spouse is $300 000, or a greater amount if prescribed.
(4) If all descendants referred to in subsection (2) are not common to the intestate and the spouse, the preferential share of the spouse is $150 000, or a greater amount if prescribed.
(5) If the net value of an intestate estate is less than the spouse’s preferential share under subsection (3) or (4), the intestate estate must be distributed to the spouse.
(6) If the net value of an intestate estate is the same as or greater than the spouse’s preferential share under subsection (3) or (4),
(a) the spouse has a charge on the intestate estate for the amount of the spouse’s preferential share under subsection (3) or (4), and
(b) the residue of the intestate estate, after satisfaction of the spouse’s preferential share, must be distributed as follows:
(i) one half to the spouse;
(ii) one half to the intestate’s descendants.
For any kind of estate litigation dispute, seeking legal counsel is highly recommended. To learn more intestate succession, contact the Kushner Law Group today at 604-629-0432 to schedule a consultation.
About the Company
The Kushner Law Group was founded on the principle that a small law firm should be able to offer the same level of legal advice as a big firm at an affordable cost. A unique combination of legal experience and creativity allows the professionals at Kushner to come up with creative and practical solutions for a variety of legal problems.
For additional information, please visit http://kushnerlaw.ca/ or call 604-629-0432.
Kushner Law Group
Phone 604-629-0432 Fax 604-689-4451
Company website: http://kushnerlaw.ca/
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