Intestate refers to a person who dies without leaving a valid will distributing their estate. When this happens in New Brunswick, the Devolution of Estates Act sets out how the estate is to be distributed. The Act tries to distribute property as most people would normally choose to do. However, this may not distribute the property as the deceased person would have wished.
This booklet covers specific questions such as:
1. What does intestate mean?
2. What happens if I have a will that fails to distribute all of my estate?
3. Who will receive my property if I die without a will?
4. If I die without a will, is my common law partner entitled to receive any of my estate?
5. If am separated from my legally married spouse, what would happen if I die without a will?
6. Who distributes my property if I die without a will?
7. What happens to my debts if I die without a will?
8. Should I have a will?