All posts in the ‘Intestacy’ category

Vested versus Contingent Interests

Courts have guidelines for interpreting ambiguous provisions in contracts, Wills, and other documents.  With respect to Wills, where the will-maker’s Will contains clauses that can either be interpreted as: giving an interest that is vested (owned by the beneficiary at the will-maker’s death); or giving an interest that is contingent (ownership is conditional on another event after the… View this post »

Who Inherits When a Person Dies Without a Will?

By the Clark Wilson LLP Wealth Preservation Group A person dying without a legally valid will is deemed to have died “intestate”. Dying intestate does not mean that the person’s estate will go to the government, but it does mean that the person will lose control of who will benefit from the estate and who… View this post »

Will a Separate Residence Affect Your Spousal Status?

Those who have read Amy Mortimore’s earlier blog on spousal status may recall that spousal status is a “threshold question” in most estate litigation because being recognized as a “spouse” typically allows the person a claim or sometimes a greater claim on the estate. Under WESA, a person is considered to be a spouse if… View this post »