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...................1 B. Wills and Succession Act An Overview ............................... ...................2 C. General Interpretation and Application Sections 1 to 4........ ...................4 D. Part 1 Survivorship Sections 5 and 6................................... ...................7 E. Part 2 Wills Sections 7 to 57................................................ ...................8 E.1 Application of Part 2 Sections 7 and 8 .
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Oosterhoff FAQ
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The personal representative named in a will has the first priority, followed by the deceased person's spouse. Next are adult children, adult grandchildren, parents, adult siblings, adult nieces and nephews, then other closest next of kin.
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Succession denotes the transmission of rights and obligations of the deceased to the heirs. It not only includes the rights and obligations left by the deceased at the time of his or her death, but it also includes new charges, rights, and obligations that accrue to the existing ones after opening of the succession.
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If you die without a Will, a court application is needed for someone to be appointed to manage your estate. That person is called an “administrator.” An executor and an administrator have the same core roles and responsibilities.
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If the beneficiary passes away before the estate is settled or before the person who made the will passes, their share of the assets will typically go to their heirs. Heirs are defined as the legal successors of a deceased person, and they are typically determined by provincial law.
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Typically, a surviving spouse and children are given priority, followed by other close relatives, such as parents and siblings.
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If there are no children, the spouse inherits everything. However, if the deceased person had children from a previous relationship and they did not have a will, the children will inherit a portion of the estate as well.
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In general, the intestate's (deceased's) spouse is first in line but their share of the assets depends on whether the intestate had children or descendants. Other relatives may also be entitled to a share if there is no spouse or children.
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For example, if a person dies without a Will in BC: The deceased's spouse automatically inherits everything if there are no other surviving descendants (i.e., a situation where the deceased leaves a spouse but no children or grandchildren).
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