Angela Campbell, ‘Intestacy’

It is said that a ‘statutory will’ imposes itself to govern the administration of an estate when the deceased has failed to dispose fully of their assets by a valid will. The rules that govern intestate estates, in both the civil law and the common law, are statutory in nature. Relevant Canadian provincial or territorial estates legislation applies unless the deceased was an Indigenous person ordinarily living on a reserve, in which case the federal Indian Act governs. These statutory intestacy regimes are anchored to the idea that, should the deceased have failed to plan for their own succession through valid testamentary dispositions, the business of estate distribution falls to the state …

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Campbell, Angela, ‘Intestacy’, McGill Law Journal, September 2021, volume 66 issue 1, pp 97-102.

First posted 2021-10-16 12:00:37

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